Notice is hereby
given that an Ordinary Council Meeting of the Council
of the City of Randwick will be held in the Council Chamber,
First Floor, 90 Avoca Street, Randwick, 30 Frances Street, Randwick, on Tuesday, 27 August 2013 at 6:00pm.

Prayer and Acknowledgement of the local indigenous people

Prayer

“Almighty God,

We humbly beseech you to bestow your
blessings upon this Council and to direct and prosper our deliberations to the
advancement of your glory and the true welfare of the people of Randwick and Australia.

Amen”

Acknowledgement of the local indigenous
people

“I would like to acknowledge that we are here today on the land of
the Bidjigal people of the Dharwahal Nation. The Bidjigal people are the
traditional owners and custodians of this land and form part of the wider
aboriginal nations of the Sydney area. On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and
present.”

Apologies/Granting
of Leave of Absences

Confirmation of
the Minutes

·Ordinary Council Meeting - 23 July 2013

·Extraordinary Council Meeting - 20 August 2013
(Minutes to be distributed on Friday 23 August 2013)

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy
warning;

In respect to Privacy & Personal Information Protection Act,
members of the public are advised that the proceedings of this meeting will be
recorded for the purposes of clause 66 of Council’s Code of Meeting Practice.

Mayoral Minutes

Mayoral Minutes, if any, will be
distributed on the night of the meeting.

Urgent Business

Director City Planning Reports (record
of voting required)

In accordance with Section 375A of the Local
Government Act, the General Manager is required to keep a register of Councilor
voting on planning matters. Planning matters are any decisions made in the
exercise of a function of a council under the EP&A Act and include
decisions relating to a development application, an environmental planning
instrument, a development control plan or a development contribution plan under
that Act. In addition, Randwick City Council has resolved (22 July 2008) that
its register of voting include the voting on all tender matters.

This matter is considered to be confidential under Section 10A(2)
(c) Of the Local Government Act, as it deals with information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business.

This matter is considered to be confidential under Section 10A(2)
(d) Of the Local Government Act, as it deals with commercial information of a
confidential nature that would, if disclosed (i) prejudice the commercial
position of the person who supplied it; or (ii) confer a commercial advantage
on a competitor of the Council; or (iii) reveal a trade secret.

This matter is considered to be confidential under Section 10A(2)
(g) Of the Local Government Act, as it deals with advice concerning litigation,
or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege.

This matter is considered to be confidential under Section 10A(2)
(g) Of the Local Government Act, as it deals with advice concerning litigation,
or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege.

Notice of
Rescission Motions

Nil.

…………………………………………………….

Ray
Brownlee

General Manager

Ordinary Council 27
August 2013

Director City Planning Report No. CP60/13

Subject:385 Maroubra Road, Maroubra
(DA/243/2013) - DEFERRED

Folder
No: DA/243/2013

Author:Kerry Kyriacou, Manager Development Assessment

Introduction

The subject
application seeks approval for alterations and additions to the existing
dwelling house including a new first floor addition.

The application was reported to
the Planning Committee Meeting held on 9 July 2013. At the meeting, it was
resolved:

“RESOLUTION: (Andrews/Matson)that this matter be deferred for
mediation between the applicant and objectors to discuss issues such as the
reduction in height of the roof and the reduction in the height of the slab
between the ground and first floors.”

Issues

A mediation
between the Applicant and a number of residents was held on 14 August 2013.
The mediator had advised Council that;

“The parties
at the mediation discussed issues about the DA including
the issues raised in the Council’s resolution of reduction in height of the
roof and reduction in the height of the slab between the ground and the first
floors. No resolution was reached but the parties gained a better
understanding of the respective positions”

As there was not
outcome from the mediation the application is referred back to Council for
determination.

Relationship
to City Plan

The relationship with the City Plan is as follows:

Outcome 4: Excellence
in Urban Design and Development.

Direction 4a: Improved design and sustainability across all
development.

Financial
Impact Statement

There is no
direct financial impact for this matter.

Conclusion

The mediation
was not able to resolve the matters in dispute between the Applicant and the objectors.
The application is therefore referred back to Council for determination.

Recommendation

That Council,
as the consent authority, grants development consent under Sections 80 and
80A of the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 243/2013 for Alterations and additions to
existing dwelling including new first floor at No. 385 Maroubra Road,
Maroubra, subject to the following conditions:

GENERAL CONDITIONS

The development must be carried out in accordance
with the following conditions of consent.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of environmental amenity.

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is issued by either
Randwick City Council or an Accredited Certifier. All necessary information
to demonstrate compliance with the following conditions of consent must be
included in the documentation for the construction certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment Act
1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable levels of
environmental amenity.

Consent Requirements

3. The requirements and amendments detailed
in the ‘General Conditions’ must be complied with and be included in the
construction certificate plans and associated documentation.

External Colours, Materials & Finishes

4. a) The colours, materials and finishes
of the external surfaces are to be compatible with the existing building and
adjacent development to maintain the integrity and amenity of the building
and the streetscape.

External materials, finishes and colours of the building are
required to match, as closely as possible, the existing building and any
metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level
of reflection and glare.

b) Details of the proposed colours, materials
and textures (i.e. a schedule and brochure/s or sample board) are to be
submitted to and approved by the Certifying Authority prior to issuing a
construction certificate for the development.

Section 94A Development Contributions

5. In accordance with Council’s Section 94A Development Contributions Plan
effective from 2 July 2007, based on the development cost of $229,514,00 the
following applicable monetary levy must be paid to Council: $2,295.14

The levy must be paid in cash, bank cheque or by
credit card prior to a construction certificate being issued for the proposed
development. The development is subject to an index to reflect quarterly
variations in the Consumer Price Index (CPI) from the date of Council’s
determination to the date of payment.

Council’s Section 94A Development Contribution Plans
may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

Long Service Levy Payments

6. The required Long Service Levy payment,
under the Building and Construction Industry Long Service Payments Act
1986, must be forwarded to the Long Service Levy Corporation or the
Council, in accordance with Section 109F of the Environmental Planning
& Assessment Act 1979.

At the time of this development consent, Long Service Levy payment
is applicable on building work having a value of $25,000 or more, at the rate
of 0.35% of the
cost of the works.

Security Deposits

7. The following security deposits
requirement must be complied with prior to a construction certificate being
issued for the development, as security for making good any damage caused to
Council’s assets and infrastructure; and as security for completing any
public work; and for remedying any defect on such public works, in accordance
with section 80A(6) of the Environmental Planning and Assessment Act 1979:

· $600.00 - Damage / Civil Works Security Deposit

Security deposits may be provided by way of a cash, cheque or
credit card payment and is refundable upon a satisfactory inspection by
Council upon the completion of the civil works which confirms that there has
been no damage to Council's infrastructure.

The owner/builder is also requested to advise Council in writing
and/or photographs of any signs of existing damage to the Council roadway,
footway, or verge prior to the commencement of any building/demolition works.

To obtain a refund of relevant deposits, a Security Deposit
Refund Form is to be forwarded to Council’s Director of City Services
upon issuing of an occupation certificate or completion of the civil works.

Sydney Water

8. All building, plumbing and drainage work
must be carried out in accordance with the requirements of the Sydney Water
Corporation.

The approved
plans must be submitted to a Sydney Water Quick Check agent, to determine
whether the development will affect Sydney Water’s waste water and water
mains, stormwater drains and/or easements, and if any further requirements
need to be met.

If suitable,
the plans will be appropriately stamped. For details please refer to the
Sydney Water web site at www.sydneywater.com.au for:

· Quick Check agents details - see Building and Developing
then Quick Check and

· Guidelines for Building Over/Adjacent to Sydney Water Assets – see
Building and Development then Building and Renovating, or
telephone 13 20 92.

The
Principal Certifying Authority must ensure that a Sydney Water Quick Check
Agent has appropriately stamped the plans prior to issuing the construction
certificate.

REQUIREMENTS TO BE INCLUDED IN THE
CONSTRUCTION CERTIFICATE

The requirements contained in the following
conditions of consent must be complied with and details of compliance must be
included in the construction certificate for the development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Councils development consent conditions and to achieve reasonable levels of
environmental amenity.

Compliance with the Building Code of Australia

9. In accordance with section 80 A (11) of
the Environmental Planning & Assessment Act 1979 and clause 98 of
the Environmental Planning & Assessment Regulation 2000, it is a prescribed
condition that all building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA). Details of
compliance with the BCA are to be included in the construction certificate
application.

Structural Adequacy

10. Certificate of Adequacy supplied by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority), certifying the
structural adequacy of the existing structure to support the additional
storey/upper floor addition.

Smoke Alarms

11. Smoke alarms are required to be installed
in dwellings in accordance with the relevant provisions of the Building Code
of Australia (volume 2), smoke alarms must comply with AS3786. Smoke alarms
must be connected to the consumer mains electric power supply and provided
with a battery back-up. Details of compliance are to be included in the
construction certificate.

BASIX Requirements

12. In accordance with section 80A(11) of the Environmental
Planning & Assessment Act 1979 and clause 97A of the Environmental
Planning & Assessment Regulation 2000, the requirements and
commitments contained in the relevant BASIX Certificate must be complied
with.

The required commitments listed and identified in the BASIX
Certificate must be included on the construction
certificate plans, specifications and associated
documentation, to the satisfaction of the Certifying Authority.

The design of the building must not be inconsistent with the
development consent and any proposed variations to the building to achieve
the BASIX commitments may necessitate a new development consent or amendment
to the existing consent to be obtained, prior to a construction certificate
being issued.

Stormwater Drainage

13. A surface water/stormwater drainage system
must be provided in accordance with the following requirements, to the
satisfaction of the Certifying Authority and details are to be included in
the construction certificate:-

a) Surface water/stormwater drainage systems
must be provided in accordance with the relevant requirements of the Building
Code of Australia (Volume 2);

b) The surface water/stormwater must be drained
and discharged to the street gutter or, subject to site suitability, the
stormwater may be drained to a suitably designed absorption pit;

c) Any absorption pits or soaker wells should
be located not less than 3m from any adjoining premises and the stormwater
must not be directed to any adjoining premises or cause a nuisance;

d) External paths and ground surfaces are to be
constructed at appropriate levels and be graded and drained away from the
building and adjoining premises, so as not to result in the entry of water
into the building, or cause a nuisance or damage to the adjoining premises;

e) Details of any proposed drainage systems or
works to be carried out in the road, footpath or nature strip must be
submitted to and approved by Council before commencing these works.

Building & Design

14. The north western external walls of the
dwelling must be located not less than 1200mm from the site boundary.

15. Eaves, gutters,
hoods and similar structures or attachments are required to be setback from
the side boundaries of the allotment a minimum distance of 450mm.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF
ANY WORKS

The following conditions of consent must be
complied with prior to the commencement of any works on the site. The
necessary documentation and information must be provided to the Council or
the ‘Principal Certifying Authority’ (PCA), as applicable.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity.

Certification, PCA & other Requirements

16. Prior to the commencement of any building
works, the following requirements must be complied with:

a) a Construction Certificate must be
obtained from the Council or an accredited certifier, in accordance with the
provisions of the Environmental Planning & Assessment Act 1979.

A copy of the construction certificate, the approved development
consent plans and consent conditions must be kept on the site at all times
and be made available to the Council officers and all building contractors
for assessment.

b) a Principal Certifying Authority
(PCA) must be appointed to carry out the necessary building inspections and
to issue an occupation certificate; and

c) a principal contractor must be
appointed for the building work, or in relation to residential building work,
an owner-builder permit may be obtained in accordance with the requirements
of the Home Building Act 1989, and the PCA and Council are to be
notified accordingly; and

d) the principal contractor must be
advised of the required critical stage inspections and other
inspections to be carried out, as specified by the Principal Certifying
Authority; and

e) at least two days notice must be given to
the Council, in writing, prior to commencing any works.

In relation
to residential building work, the principal contractor must be the holder of
a contractor licence, in accordance with the provisions of the Home Building Act 1989.

Home Building Act 1989

17. In accordance with section 80 A (11) of the
Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental
Planning & Assessment Regulation 2000, the requirements of the Home
Building Act 1989 must be complied with.

Details of the Licensed Building Contractor and a copy of the
relevant Certificate of Home Warranty Insurance or a copy of the
Owner-Builder Permit (as applicable) must be provided to the Principal Certifying
Authority and Council.

Dilapidation Reports

18. A dilapidation report prepared by a
professional engineer, building surveyor or other suitably qualified
independent person must be submitted to the satisfaction of the Principal
Certifying Authority prior to commencement of any demolition, excavation or
building works, in the following cases:

· excavations
for new dwellings, additions to dwellings, swimming pools or the like which
are proposed to be located within the zone of influence of the
footings of any dwelling, associated garage or other substantial structure
located upon an adjoining premises,

· new
dwellings or additions to dwellings sited up to shared property boundaries
(e.g. additions to a semi-detached dwelling or terraced dwellings),

· excavations
for new dwellings, additions to dwellings, swimming pools or the like which
are within rock and may result in vibration and or potential damage to any
dwelling, associated garage or other substantial structure located upon an
adjoining premises,

· as
otherwise may be required by the Principal Certifying Authority.

The report (including photographs) are required to detail the
current condition and status of any dwelling, associated garage or other
substantial structure located upon the adjoining premises, which may be
affected by the subject works. A copy of the dilapidation report is to be
given to the owners of the premises encompassed in the report/s before
commencing any works.

Construction Noise & Vibration Management Plan

19. Noise and vibration emissions during the
construction of the building and associated site works must not result in
damage to nearby premises or result in an unreasonable loss of amenity to
nearby residents and the relevant requirements of the Protection of the
Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied
at all times.

Noise and vibration from any rock excavation machinery, pile
drivers and all plant and equipment must be minimised, by using appropriate
plant and equipment, silencers and the implementation of noise management
strategies.

A Construction Noise Management Plan, prepared in
accordance with the NSW DECC Construction Noise Guideline by a suitably
qualified person, is to be implemented throughout the works. A copy of the
strategy must be provided to the Principal Certifying Authority and Council
prior to the commencement of works on site.

Construction Site Management Plan

20. A Construction Site Management Plan
must be developed and implemented prior to the commencement of any works. The
construction site management plan must include the following measures, as
applicable to the type of development:

· location
and construction of protective fencing / hoardings to the perimeter of the
site;

· location
of site storage areas/sheds/equipment;

· location
of building materials for construction;

· provisions
for public safety;

· dust
control measures;

· site
access location and construction

· details
of methods of disposal of demolition materials;

· protective
measures for tree preservation;

· provisions
for temporary sanitary facilities;

· location
and size of waste containers/bulk bins;

· details
of proposed sediment and erosion control measures;

· provisions
for temporary stormwater drainage;

· construction
noise and vibration management;

· construction
traffic management details.

The site
management measures must be implemented prior to the commencement of any site
works and be maintained throughout the works, to the satisfaction of Council.

A copy of
the Construction Site Management Plan must be provided to the Principal
Certifying Authority and Council prior to commencing site works. A copy must
also be maintained on site and be made available to Council officers upon
request.

Demolition Work Plan

21. A Demolition Work Plan must be prepared for
the development in accordance with Australian Standard AS2601-2001,
Demolition of Structures and relevant environmental/occupational health and
safety requirements.

The
Demolition Work Plan must include the following information (as applicable):

· The
name, address, contact details and licence number of the Demolisher /Asbestos
Removal Contractor

· Details
of hazardous materials (including asbestos)

· Method/s
of demolition (including removal of any asbestos)

· Measures
and processes to be implemented to ensure the health & safety of workers
and community

· Measures
to be implemented to minimise any airborne dust and asbestos

· Methods
and location of disposal of any hazardous materials (including asbestos)

The
Demolition Work Plan must be submitted to the Principal Certifying Authority
(PCA), not less than two (2) working days before commencing any demolition
work. A copy of the Demolition Work Plan must be maintained on site and be
made available to Council officers upon request.

If the work
involves asbestos products or materials, a copy of the Demolition Work Plan
must also be provided to Council not less than 2 days before commencing those
works.

Notes

§ It is the
responsibility of the persons undertaking demolition work to obtain the
relevant WorkCover licences and permits.

§ Refer to the
conditions within the “Requirements During Construction & Site Work”, for
further details and requirements relating to demolition work, removal of any
asbestos and public safety.

Public Utilities

22. A Public Utility Impact Assessment
must be carried out to identify all public utility services located on the
site, roadway, nature strip, footpath, public reserve or any public areas
associated with and/or adjacent to the building works.

Documentary evidence from the relevant public utility authorities
confirming that their requirements have been or are able to be satisfied,
must be submitted to the Principal Certifying Authority prior to the
commencement of any works.

The owner/builder must make the necessary arrangements and meet
the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services
as required.

REQUIREMENTS DURING CONSTRUCTION & SITE
WORK

The following conditions of consent must be
complied with during the demolition, excavation and construction of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity during construction.

Inspections During Construction

23. The building works must be inspected by the
Principal Certifying Authority, in accordance with sections 109 E (3)
of the Environmental Planning & Assessment Act 1979 and clause
162A of the Environmental Planning & Assessment Regulation 2000,
to monitor compliance with the relevant standards of construction, Council’s
development consent and the construction certificate.

The Principal Certifying Authority must specify the
relevant stages of construction to be inspected and a satisfactory inspection
must be carried out, to the satisfaction of the Principal Certifying
Authority, prior to proceeding to the subsequent stages of construction
or finalisation of the works (as applicable).

Site Signage

24. A sign must be erected and maintained in a
prominent position on the site for the duration of the works, which contains
the following details:

· name,
address, contractor licence number and telephone number of the principal
contractor, including a telephone number at which the person may be
contacted outside working hours, or owner-builder permit details (as
applicable)

· name,
address and telephone number of the Principal Certifying Authority,

· a
statement stating that “unauthorised entry to the work site is prohibited”.

Restriction on Working Hours

25. Building, demolition and associated site
works must be carried out in accordance with the following requirements:

Activity

Permitted working hours

All building, demolition and site work,
including site deliveries (except as detailed below)

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

Excavating of rock, use of
jack-hammers, pile-drivers, vibratory rollers/compactors or the like

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

An application to vary the abovementioned hours may be submitted
to Council’s Manager Health, Building & Regulatory Services for
consideration and approval to vary the specified hours may be granted in
exceptional circumstances and for limited occasions (e.g. for public safety,
traffic management or road safety reasons). Any applications are to be made
on the standard application form and include payment of the relevant fees and
supporting information. Applications must be made at least 10 days prior to
the date of the proposed work and the prior written approval of Council must
be obtained to vary the standard permitted working hours.

Demolition Work Requirements

26. The demolition of buildings and the
removal, storage, handling and disposal of building materials must be carried
out in accordance with the relevant requirements of WorkCover NSW, the NSW
Department of Environment, Climate Change & Water and Randwick City
Council policies, including:

· Work
Health & Safety Act 2011 and Regulations

· WorkCover
NSW Code of Practice for the Safe Removal of Asbestos

· WorkCover
NSW Guidelines and Codes of Practice

· Australian
Standard 2601 (2001) – Demolition of Structures

· The
Protection of the Environment Operations Act 1997 and Regulations

· Relevant
DECCW/EPA Guidelines

· Randwick City Council Asbestos Policy

A copy of
Council’s Asbestos Policy is available on Council’s web site at
www.randwick.nsw.gov.au in the Building & Development section or a copy
can be obtained from Council’s Customer Service Centre.

Removal of Asbestos Materials

27. Work involving the demolition, storage or
disposal of asbestos products and materials must be carried out in accordance
with the following requirements:

· A
WorkCover licensed demolition or asbestos removal contractor must undertake
removal of more than 10m2 of bonded asbestos (or as otherwise
specified by WorkCover or relevant legislation). Removal of friable asbestos
material must only be undertaken by contractor that holds a current friable
asbestos removal licence. A copy of the relevant licence must be provided to
the Principal Certifying Authority.

· On
sites involving the removal of asbestos, a sign must be clearly displayed in
a prominent visible position at the front of the site, containing the words
‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed
contractor.

· Asbestos
waste must be stored, transported and disposed of in compliance with the Protection
of the Environment Operations Act 1997 and the Protection of the
Environment Operations (Waste) Regulation 2005. Details of the landfill
site (which must be lawfully able to receive asbestos materials) must be
provided to the Principal Certifying Authority.

· A
Clearance Certificate or Statement, prepared by a suitably qualified person
(i.e. an occupational hygienist, licensed asbestos removal contractor,
building consultant, architect or experienced licensed building contractor),
must be provided to Council and the Principal certifying authority upon
completion of the asbestos related works which confirms that the asbestos
material have been removed appropriately and the relevant conditions of
consent have been satisfied.

A copy of
Council’s Asbestos Policy is available on Council’s web site at
www.randwick.nsw.gov.au in the Building & Development Section or a copy
can be obtained from Council’s Customer Service Centre.

Sediment & Erosion Control

28. Sediment and erosion control measures, must
be implemented throughout the site works in accordance with the manual for
Managing Urban Stormwater – Soils and Construction, published by Landcom, to
Council’s satisfaction. Details are to be included in the Construction
Site Management Plan.

Public Safety & Site Management

29. Public safety and convenience must be
maintained at all times during demolition, excavation and construction works
and the following requirements must be complied with:

a) Public access to the building site and
materials must be restricted by existing boundary fencing or temporary site
fencing having a minimum height of 1.5m, to Council’s satisfaction.

Temporary site fences are required to be constructed of cyclone
wire fencing material and be structurally adequate, safe and constructed in a
professional manner. The use of poor quality materials or steel
reinforcement mesh as fencing is not permissible.

b) Building materials, sand, soil, waste
materials, construction equipment or other articles must not be placed upon
the footpath, roadway or nature strip at any time.

c) The road, footpath, vehicular crossing and
nature strip must be maintained in a good, safe, clean condition and free
from any excavations, obstructions, trip hazards, goods, materials, soils or
debris at all times. Any damage caused to the road, footway, vehicular
crossing, nature strip or any public place must be repaired immediately, to
the satisfaction of Council.

d) Building operations such as brick cutting,
washing tools or equipment and mixing mortar are not permitted on public
footpaths, roadways, nature strips, in any public place or any location which
may lead to the discharge of materials into the stormwater drainage system.

e) Sediment and erosion control measures must
be implemented throughout the site works in accordance with the manual for
Managing Urban Stormwater – Soils and Construction, published by Landcom, to
Council’s satisfaction.

f) Site fencing, building materials, bulk
bins/waste containers and other articles must not be located upon the
footpath, roadway or nature strip at any time without the prior written
approval of the Council. Applications to place a waste container in a public
place can be made to Council’s Health, Building and Regulatory Services
department.

g) Temporary safety fencing is to be provided
to any swimming pools under construction, pending the completion of all
building work and the pool must not be filled until a fencing inspection has
been carried out and approved by the principal certifying authority.

Support of Adjoining Land, Excavations &
Retaining Walls

30. In accordance with section 80 A (11) of the
Environmental Planning & Assessment Act 1979 and clause 98 E of
the Environmental Planning & Assessment Regulation 2000, it is a
prescribed condition that the adjoining land and buildings located upon the
adjoining land must be adequately supported at all times.

31. All excavations and backfilling associated
with the erection or demolition of a building must be executed safely in
accordance with appropriate professional standards and excavations must be
properly guarded and supported to prevent them from being dangerous to life,
property or buildings.

Retaining walls, shoring or piling must be provided to support
land which is excavated in association with the erection or demolition of a
building, to prevent the movement of soil and to support the adjacent land
and buildings, if the soil conditions require it. Adequate provisions are
also to be made for drainage.

Details of
proposed retaining walls, shoring, piling or other measures are to be
submitted to and approved by the Principal Certifying Authority.

32. Prior to
undertaking any demolition, excavation or building work in the following
circumstances, a report must be obtained from a professional engineer which
details the methods of support for the dwelling or associated structure on
the adjoining land, to the satisfaction of the Principal Certifying
Authority:

· when undertaking excavation or building work within the zone of
influence of the footings of a dwelling or associated structure that is
located on the adjoining land;

· when undertaking demolition work to a wall of a dwelling that is
built to a common or shared boundary (e.g. semi-detached or terrace
dwelling);

· when constructing a wall to a dwelling or associated structure
that is located within 900mm of a dwelling located on the adjoining land.

The
demolition, excavation and building work and the provision of support to the
dwelling or associated structure on the adjoining land, must also be carried
out in accordance with the abovementioned report, to the satisfaction of the Principal
Certifying Authority.

Building Encroachments

33. There must be no encroachment of any
structures or building work onto Council’s road reserve, footway, nature
strip or public place.

Road/Asset Opening Permit

34. A Road / Asset Opening Permit must
be obtained from Council prior to commencing any excavations or works within
or upon a road, footpath, nature strip or in any public place, in accordance
with section 138 of the Roads Act 1993 and all
of the conditions and requirements contained in the Road / Asset Opening
Permit must be complied with.

The following conditions of consent must be
complied with prior to the ‘Principal Certifying Authority’ issuing an
‘Occupation Certificate’.

Note: For
the purpose of this consent, any reference to ‘occupation certificate’ shall
also be taken to mean ‘interim occupation certificate’ unless otherwise
stated.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of public
health, safety and amenity.

Occupation Certificate Requirements

35. An Occupation Certificate must be obtained
from the Principal Certifying Authority prior to any occupation of the
building work encompassed in this development consent (including alterations
and additions to existing buildings), in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.

An Occupation Certificate must not be issued for the development
if the development is inconsistent with the development consent. The
relevant requirements of the Environmental Planning & Assessment Act
1979 and conditions of development consent must be satisfied prior to the
issuing of an occupation certificate.

BASIX Requirements

36. In accordance with Clause 154B of the Environmental
Planning & Assessment Regulation 2000, a Certifying Authority must
not issue an Occupation Certificate for this development, unless it is
satisfied that each of the required BASIX commitments have been fulfilled.

Relevant documentary evidence of compliance with the BASIX
commitments is to be forwarded to the Council upon issuing an Occupation
Certificate.

Occupant Safety

37. Openable windows to a room, corridor,
stairway or the like with a floor level more than 4m above the external
ground/surface level, must be designed and constructed to reduce the
likelihood of a child accessing and falling through the window opening.

Options may include one or more of the following measures:

· The
window having a minimum sill height of 1.5m above the internal floor level,

· Fixing
or securing the window (e.g. by screws or a window locking device) to
restrict or to be able to secure the extent of the opening to a maximum width
of 125mm,

· Installing
a fixed heavy-duty gauge metal screen over the opening (excluding upon any
front or street elevation of the building) e.g. A metal security screen or
metal security mesh and frame system, but not standard fly-screen material,

· Other
appropriate effective safety measures or barrier.

The relevant
measures must be implemented prior to the issue of an occupation certificate.

Council’s Infrastructure & Vehicular Crossings

38. All external civil work to be carried out
on Council property (including the installation and repair of roads,
footpaths, vehicular crossings, kerb and guttering and drainage works), must
be carried out in accordance with Council's Policy for "Vehicular Access
and Road and Drainage Works" and the following requirements:

a) All work on Council land must be carried out by Council,
unless specific written approval has been obtained from Council to use
non-Council contractors.

b) Details of the proposed civil works to be carried out on
Council land must be submitted to Council in a Pre-paid Works Application
Form, prior to issuing an occupation certificate, together with payment
of the relevant fees.

c) If it is proposed to use non-Council contractors to carry out
the civil works on Council land, the work must not commence until the written
approval has been obtained from Council and the work must be carried out in
accordance with the conditions of consent, Council’s design details and
payment of a Council design and supervision fee.

d) The civil works must be completed in accordance with
Council’s conditions of consent and approved design and construction
documentation, prior to occupation of the development, or as otherwise
approved by Council in writing.

OPERATIONAL CONDITIONS

The following operational conditions must be
complied with at all times, throughout the use and operation of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of public health
and environmental amenity.

Use of premises

39. The premises must only be used as a single
residential dwelling and must not be used for dual or multi-occupancy
purposes.

External Lighting

40. External lighting to the premises must be
designed and located so as to minimise light-spill beyond the property
boundary or cause a public nuisance.

Plant & Equipment

41. The operation of all plant and equipment
upon the premises shall not give rise to an ‘offensive noise’ as defined in
the Protection of the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the plant and equipment shall not
give rise to an LAeq, 15 min sound pressure level at
any affected premises that exceeds the background LA90, 15
min noise level, measured in the absence of the noise source/s under
consideration by more than 5dB(A) in accordance with relevant NSW Office of
Environment & Heritage (EPA) Noise Control Guidelines.

Air Conditioners

42. Air conditioning plant and equipment shall
not be operated during the following hours if the noise emitted can be heard
within a habitable room in any other residential premises, or, as otherwise
specified in relevant Noise Control Regulations:

· before 8.00am or after 10.00pm on any
Saturday, Sunday or public holiday; or

· before 7.00am or after 10.00pm on any
other day.

Rainwater Tanks

43. The operation of plant and equipment
associated with rainwater tanks are to be restricted to the following hours
if the noise emitted can be heard within a habitable room in any other
residential premises:

· before 8.00am or after 8.00pm on
weekends or public holiday; or

· before 7.00am or after 8.00pm on
weekdays.

ADVISORY NOTES

The following information is provided for your
assistance to ensure compliance with the Environmental Planning &
Assessment Act 1979, Environmental Planning & Assessment
Regulation 2000, or other relevant legislation and Council’s policies.
This information does not form part of the conditions of development consent
pursuant to Section 80A of the Act.

A1 The requirements and provisions of the Environmental
Planning & Assessment Act 1979 and Environmental Planning &
Assessment Regulation 2000, must be fully complied with at all times.

Failure to
comply with these requirements is an offence, which renders the responsible
person liable to a maximum penalty of $1.1 million. Alternatively, Council
may issue a penalty infringement notice (for up to $1,500) for each offence.
Council may also issue notices and orders to demolish unauthorised or
non-complying building work, or to comply with the requirements of Council’s
development consent.

A2 Demolition, building or excavation work
must not be commenced until;

§ A Construction Certificate has been obtained from Council or an
Accredited Certifier

§ Council or an Accredited Certifier has been appointed as the
Principal Certifying Authority for the development

§ Council and the Principal Certifying Authority have been given at
least 2 days notice (in writing) prior to commencing any works.

A3 This determination does not include an
assessment of the proposed works under the Building Code of Australia (BCA)
and other relevant Standards. All new building work (including alterations
and additions) must comply with the BCA and relevant Standards and you are
advised to liaise with your architect, engineer and building consultant prior
to lodgement of your construction certificate.

A4 Council’s Building Approvals & Certification
team can issue Construction Certificates and be your Principal Certifying
Authority for the development, to undertake inspections and ensure compliance
with the development consent, relevant building regulations and standards of
construction. For further details contact Council’s Building Approvals
& Certification team on 9399 0944.

A5 A Local Approval application must be
submitted to and be approved by Council's Building Approvals &
Certification team prior to commencing any of the following activities on a
footpath, road, nature strip or in any public place:-

§ Install or erect any site fencing, hoardings or site structures

§ Operate a crane or hoist goods or materials over a footpath or
road

§ Placement of a waste skip or any other container or article.

For further information please contact Council’s Building
Approvals & Certification team on 9399 0944.

A6 Specific details of the location of the
building/s should be provided in the Construction Certificate to demonstrate
that the proposed building work will not encroach onto the adjoining
properties, Council’s road reserve or any public place, to the satisfaction
of the Certifying Authority.

A7 Prior to commencing any works, the
owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au
and relevant Service Authorities, for information on potential underground
pipes and cables within the vicinity of the development site.

A8 This consent does not authorise any
trespass or encroachment upon any adjoining or supported land or building
whether private or public. Where any underpinning, shoring, soil anchoring
(temporary or permanent) or the like is proposed to be carried out upon any
adjoining or supported land, the land owner or principal contractor must
obtain:

§ the consent of the owners of such adjoining or supported land to
trespass or encroach, or

§ an access order under the Access to Neighbouring Land Act 2000, or

§ an easement under section 88K of the Conveyancing Act 1919,
or

§ an easement under section 40 of the Land & Environment
Court Act 1979, as appropriate.

Section 177 of the Conveyancing Act 1919 creates a
statutory duty of care in relation to support of land. Accordingly, a person
has a duty of care not to do anything on or in relation to land being
developed (the supporting land) that removes the support provided by the
supporting land to any other adjoining land (the supported land).

Proposal: Alterations and additions to existing dwelling including new first
floor

Ward:Central Ward

Applicant:Cape Cod Australia Pty Ltd

Owner: Mr R J
Colye & Ms B J Johnson

Summary

Recommendation: Approval

Subject Site

Submissions received

Ù

North

Locality Plan

1. Executive Summary

The application
is reported to the Planning Committee and an independent assessment of this
application, including preparation of this report, was completed by Plandev
(urban planning consultants) at the request of Council’s Manager of Development
Assessment.

The subject
application seeks approval for alterations and additions to the existing
dwelling house including a new first floor addition.

The application
was publicly notified to adjoining and nearby properties for 14 days in
accordance with Council’s public notification requirements in Randwick
Development Control Plan 2013. A total of seven (7) submissions were received
in response to the public notification of the application. Of these, there were
six (6) letters in objection primarily raising concerns with view impacts,
privacy impacts and parking.

The application has been subject
to a merit based assessment against the relevant planning controls and
corresponding objectives as outlined in the Randwick Local Environmental Plan,
2012 and Randwick Development Control Plan, 2013.

It is considered the proposal
will not result in any significant adverse amenity impacts to surrounding
properties. The proposal is generally consistent with the character of the area
and is considered to be a reasonable outcome for the site.

The proposed development
satisfies the matters for consideration under Section 79C of the Environmental
Planning and Assessment Act 1979, and is recommended for approval subject to
conditions.

2. The Proposal

Approval is
sought for alterations and additions to the existing dwelling house with a new
first floor.

The changes
involve removal of internal walls to a bedroom at ground level to make way for
a staircase and construction of a first floor comprising 3 bedrooms and
bathroom.

The existing
flue heater on the western elevation will be extended to the proposed first
floor.

New windows will
be provided along the western elevation and a rear facing balcony. The northern
elevation facing the street will contain a window to capture northern light.

The first floor
addition is proposed to be setback behind the ridge of the existing house with
a pitched roof.

The party wall
will be constructed of brick and the wall along the western elevation is
polystyrene wall sheeting.

3. The Subject Site and Surrounding Area

The subject site
is located on the southern side of Maroubra Road about 36m southeast of its
intersection with Malabar Road.

The site has an
area of 285m2 and is rectangular in shape with a frontage of 5.2m to
Maroubra Road and a depth of 46m.

The site
contains a single storey dwelling house which shares a party wall with the
adjoining dwelling house at No.385A Maroubra Road.

The existing
dwelling house is setback about 4.8m from the street boundary and there is no
parking on the site.

The site is
unusual in that its western boundary adjoins the rear yard of 5 properties
fronting Malabar Road.

The surrounding
area is characterised by a mix of detached and semi-detached dwelling houses of
1-2 storeys. The adjoining property to the northwest contains a 2-3 storey
residential flat building looming over the subject site.

4. Community Consultation

The owners of
adjoining and neighbouring properties were notified of the proposed development
in accordance with the DCP – Public Notification. As a result of this
notification, the following submissions were received:-

5.1 Objections

Pro-forma
letter Unit 2 and Unit 7 No. 383 Maroubra Rd, Maroubra

Unit 2 and Unit 7

Issue

Comment

The proposal fails to address the
view loss impacts

This assessment report includes an
assessment of view impacts.

The proposal will obliterate views
and vistas to the ocean and horizon and Malabar Headland and Maroubra Beach

Refer to Section 8.1.

All coastal views from my living
areas and balcony will be lost

Refer to Section 8.1.

Overlooking impacts and loss of
privacy to my living and recreational areas

Refer to the Section 8.3.

The size of the household will double
and the DA fails to provide on-site parking to meet Council’s DCP parking
requirements

Refer to Section 8.4.

The proposal will exacerbate
on-street parking congestion

There is no evidence to suggest the
increase in floorspace will generate a higher demand for parking on the
street.

The site analysis is superficial and
inadequate particularly in regard to the sites narrow configuration and
proximity to neighboring properties and the visual and acoustic privacy
constraints

The level of information provided in
the Site Plan and the Survey is sufficient analysis of the site and its
constraints for this type of development.

It does not address the design
requirements in the DCP

Refer to Section 8.2.

It is not a good design outcome and
represents a standardized approach

Refer to Section 8.2

The roof line is poorly executed with
an untidy western corner treatment

Refer to Section 8.2

The front window location is out of
scale and poorly proportioned in relation to the existing semi frontage

The proportion and configuration of
the front window at the first floor northern elevation is considered to be
acceptable.

The extended wood heater flue appears
as an untidy add on and would result in air pollution directly into my
apartment

The existing wood heater flue is
being extended in line with the increased height of the building. There is
likely to be less impact from the flue as smoke will be dispersed at a higher
level above the ground and is more likely to be dispersed by wind.

The DA refers to the lower floor
level which is accessed by stairs as storage only. The most recent sale
documentation confirmed this as a habitable room

The plans show the room as being for
storage and the reference in the sale documentation is not relevant to the
application.

The development is excessive in
height and not compatible with the existing character of the locality

Refer to Section 8.2.

The additions detract from the
individual character and appearance of the existing dwelling

Refer to Refer to Section 8.2.

Loss of natural light to neighboring
dwellings

Refer to Section 8.5.

The floor space ratio is queried for
such a small block it appears to be pushing the boundaries on that size of
land

The floorspace is assessed on merit
as the site has an area of less than 300m2. The bulk and scale is
generally consistent with other two storey dwelling houses in the locality.

The value of our property would drop
dramatically due to the view loss

This is not a matter for
consideration in the planning assessment.

Unit 6
No. 383 Maroubra Rd Maroubra

Issue

Comment

Impacts due to the loss of current
ocean views

Refer to Section 8.1.

An assessment of view loss has not
been undertaken and Randwick Council should investigate view loss impacts

Refer to Section 8.1.

383
Maroubra Rd Maroubra

Strata Manager on behalf of all owners and
residents

Issue

Comment

The proposed DA would result in
significant view loss for more than half the apartments

Refer to Section 8.1.

It would completely remove the
current views in units 2 and 3 and would severely impact on views from units
5 and 6

Refer to Section 8.1.

The proposal makes no effort to
maintain views of the neighbours and is designed instead to maximize blocking
neighbours views

Refer to Section 8.1.

The proposal is also unacceptable in
terms of overlooking and privacy impacts on the apartments and private open
spaces and all the common open spaces

Refer to Section 8.3.

Proposed windows would directly
overlook balcony space of unit 2 and impact on unit 5 and directly overlook
the outdoor open space for unit 1.

Refer to Section 8.3.

The DA diagrams fail to show the
balconies for units 3 and 5

Additional plans showing the location
of all balconies at No. 383 were sourced from Council files and referred to
as part of this assessment.

The poor design ignores rather than
designs for its very narrow site

Refer to Section 8.2.

The proposal will add parking
congestion on the street

Refer to Section 8.4.

Poor air quality impacts from the
proposed wood flue heater

The wood flue heater is existing and
will be extended to a higher level to accommodate the first floor addition.

Unit 5
No. 383 Maroubra Rd Maroubra

Issue

Comment

The proposal will have a significant
impact on the loss of ocean views as well as views to Maroubra Beach, Malabar Headland and district views in general

Refer to Section 8.1.

An assessment has not been undertaken
to address these impacts. We request that Randwick Council investigate the
concerns regarding view loss

Refer to Section 8.1.

The proposal fails to provide
adequate visual and acoustic privacy

Refer to Section 8.3.

Whilst doubling the size of the
household the DA fails to provide any additional parking

Refer to Section 8.4.

The first floor addition proposes
northern and western windows would have a direct impact on my privacy. There
are windows within 4m of my living areas and balcony and bedroom

Refer to Section 8.3.

399 &
401 Malabar Road, Maroubra

Issue

Comment

No objection if the DA does not
propose any works or changes of any nature to the south of the southern wall
of the proposed upper level addition. That is the DA does not propose any
changes to the south including the existing ground floor room, the existing
deck, the existing stairs from the balcony to ground level, the existing
stairs from the ground level to the sub floor ground level room below deck or
to the sub ground level room or any changes to the proposed yard.

Noted

Our concern is actual works will not
be carried out in full compliance with any approval

Compliance of future building works
is not a relevant matter for consideration in the planning assessment.

5. Technical Officers Comments

The application has been referred
to the relevant technical officers, including where necessary external bodies
and the following comments have been provided:-

Development
Engineer

Landscape

There are no
trees covered by Council’s TPO affected by the proposed works.

Car parking

The proposed
site currently does not provide any off street parking and to do so would
require possible demolition and removal of the front sunroom so as to provide
complying off street car parking space dimensions.

6. Relevant Environmental Planning Instruments

The Development application has
been assessed in accordance with the provisions of the following relevant
planning documents:

(a) Randwick Local Environmental Plan
2012

The site is
zoned R2 Low Density Residential zoning under Randwick Local Environmental Plan
2012 (LEP 2012) and the proposed activity is permissible with Council’s
consent.

The proposal is
consistent with the relevant objective of the zone which seeks to provide
housing for the needs of the community.

The following
Clauses of the LEP 1998 apply to the proposal:-

Clause 4.1
Minimum Subdivision Lot Size

A minimum lot
size of 400m2 applies to the subject site. The subject site has an
area of 285m2 and therefore does not comply with the minimum lot
size requirement. Notwithstanding the non-compliance, the proposal is
acceptable because it is an existing allotment and there is no change sought to
the existing site area.

Clause 4.3
Height of Buildings

A maximum height
of 9.5m applies to the subject site. The proposed development has a maximum
height of 8m and complies with Council’s maximum height control.

Clause 4.4
Floor Space Ratio

The subject site
has an area of less than 300m2 and the maximum floor space ratio
(FSR) is therefore assessed on merit. The proposal has a maximum FSR of 0.58:1
which is not considered to be excessive given the narrow width of the site.
Furthermore, the first floor addition is compatible with the existing built
form character of the locality.

6.1 Policy Controls

a. Randwick Development Control Plan 2013

The proposed development is generally consistent with the relevant
design controls in Part B1 given that the bulk and scale is compatible with the
character of the area.

There is a non-compliance with the minimum parking controls in Part
B7 which require 2 spaces for a dwelling house with 3 or more bedrooms. The
existing site contains no parking due to its narrow configuration, topography,
street trees and the reduced front setback. An exception to the parking
controls is therefore acceptable in this circumstance due to the constraints of
the site.

The main relevant controls in Part C1 in relation to low density
development are addressed in the table below.

Control

Proposal

Comment

Complies

Minimum Lot size 400m2

354m2

Refer to previous discussion under LEP
2012.

N/A

Existing
lot. There is no subdivision.

Minimum frontage 15m

5.2m

The proposed development is on an
existing allotment. The non-compliance is therefore acceptable.

N/A

Existing
lot. There is no subdivision.

Maximum 55% site coverage

119m2 or 42%

The proposed first floor addition will be
contained within the existing footprint

Yes

Minimum 25% deep soil and 900mm width

121m2 or 42%

There is no change to the existing
landscape conditions.

Yes

Minimum 5m x 5m

7m x 11m

There is no change to the rear yard dimensions
or area.

Yes

FSR Merit Assessment

0.58:1

Refer to previous discussion under LEP
2012

Yes

Maximum Building Height 9.5m

8m

Yes

Maximum External Wall Height 7m

6.3m

Yes

Minimum Front setback average or 6m

4.7m

Consistent with the adjoining semi-
detached dwelling

Yes

Minimum side setback to the northwest
boundary

- 900mm(grd)

- 900mm (1st)

- 1500mm
(2nd)

- 1.1m(grd)

- 1m (1st)

Yes

Minimum rear setback 25% allotment or 8m
whichever is lesser

14.5m-17.1m

Yes

General Design

Respect topography

Introduce articulation

The site
slopes down from the street boundary to the rear boundary representing a
change in level of about 3.25m.

The rear
alignment at the proposed first floor is setback from the lower level
providing a stepped arrangement in response to the slop of the land.

Windows
along the northwest elevation assist in breaking up the external wall.

Yes

Yes

Semi Detached Dwellings

Development
must respect and enhance the architectural character of the pair of
semi-detached dwellings as a coherent entity

Whilst the subject house forms a pair of
semi-detached dwellings it is not a symmetrical pair of dwellings.

N/A

The
bulk of any first floor addition should be setback from the principal street
frontage and accommodated to the rear of the dwelling, with a substantial
portion of the existing front roof remaining intact.

The existing front roof remains intact.

Yes

The
addition should be positioned behind the apex or ridge of the main roof and
retain any existing gable features and chimneys.

The proposed first floor is behind the
main ridgeline.

Yes

The
first floor addition should use a low profile roof form that is visually
secondary to the existing front roof. Alternatively, the addition should
adopt a roof form that is compatible with the style and period of the
existing roof to be retained.

The pitched roof style dominates the roof
of the existing dwelling house. The roof form is compatible with surrounding
pitched roofs in the street.

Yes.

See Section 8.2

Colours, materials and finishes

Provide a schedule with DA

Submitted with the DA

Yes

Solar access

Portion of living area windows to receive
minimum 3 hours between 8:00am and 4:00pm on 21 June

The existing living area at ground level
has a southern orientation and therefore does not receive a minim of 3 hours
sunlight between 8:00am and 4:00pm on 21 June

There are no changes proposed to the
ground floor living area of the dwelling house. In any event the site is
constrained due to its north-south orientation.

No

POS to receive minimum 3 hours between
8:00am and 4:00pm on 21 June

The rear yard will
receive more than 3 hours direct sunlight at midwinter.

Yes

Portion of living area windows for
neighbouring properties to receive minimum 3 hours between 8:00am and 4:00pm
on 21 June

There will be no additional shadowing of
living area windows of the adjoining semi at No. 385A Maroubra Road.

Yes

POS of neighbouring properties to receive
minimum 3 hours between 8:00am and 4:00pm on 21 June

The proposed development will result in
some minor additional overshadowing to that portion of the rear yard
adjoining the dwelling house at No. 385A Maroubra Road at midday during the
winter solstice. However, the southern portion of the rear yard will receive in
excess of 3 hours sunlight during midwinter.

Yes

Energy Efficiency

Provide natural day lighting and
ventilation

The first floor addition includes
openings along 3 elevations to allow for sunlight access, daylight and
natural ventilation.

Yes

Visual Privacy

All habitable
room windows must be located to minimise

any direct
viewing of existing habitable room windows in

adjacent dwellings

The bedroom windows along the
north-western elevation overlook the rear yard of adjoining properties to the
west fronting Malabar Road

Refer to discussion below in Section
8.3.

Yes
subject to condition.

The windows
to the main living and dining rooms principal

living areas
must be oriented away from the adjacent

dwellings where possible

There is no change proposed to the ground
level living area windows

N/A

Acoustic
Privacy

Dwellings
must be sited and designed to limit the potential for excessive noise
transmission to the sleeping areas of adjacent dwellings.

The proposed
first floor addition will not result in any adverse acoustic impacts to
adjoining properties given the proposed use is for bedrooms.

Yes

View
Sharing

The location
and design of dwellings and outbuildings

must
reasonably maintain existing view corridors or vistas

from the
neighbouring dwellings, streets and public open

space areas.

Refer to Section
8.1

Yes

Car
Parking

Provide a
maximum of 1 vehicular access per property.

There will
be no vehicular access provided on the site.

Yes

7. Environmental Assessment

The site has been inspected and the application has been
assessed having regard to Section 79C of the Environmental Planning and
Assessment Act, 1979, as amended.

The site is R2 - Low Density
Residential. The provisions of Randwick LEP 2012 have been considered in the
assessment of the application, as relevant, and are generally satisfied by
the proposed development.

Section 79C(1)(b) – The likely impacts of
the development, including environmental impacts on the natural and built
environment and social and economic impacts in the locality

The environmental impacts of the proposed
development on the natural and built environment, which are otherwise not
addressed in this report, are discussed in the paragraphs below.

The proposed development is consistent
with the dominant residential character in the locality. The proposal is not
considered to result in detrimental social or economic impacts on the
locality.

Section 79C(1)(c) – The suitability of
the site for the development

Section 79C(1)(d) – Any submissions made
in accordance with the EP&A Act or EP&A Regulation

The issues raised in the submissions have
been addressed in this report.

Section 79C(1)(e) – The public interest

The proposal promotes the objectives of
the zone and will not result in any significant adverse environmental, social
or economic impacts on the locality. Accordingly, the proposal is considered
to be in the public interest.

8. Key Issues

8.1 View Impacts

Concerns in
relation to view impacts have been raised by residents at No. 383 Maroubra Road
which contains a 3 storey residential flat building comprising six apartments
adjoining the western boundary of the site. The building presents as 2 levels
to Malabar Road and 3 levels at the eastern end of the site due to the slope of
the land. The above ground apartments enjoy partial district views to the south
and distant views of the ocean and Malabar Headland to the southeast.

Based on a site
inspection undertaken of the property at No. 383 it is considered the above
ground units facing southeast over the subject property being unit 2 (first
floor) and unit 5 (2nd Floor) are potentially affected by view
impacts. These units have balconies and living room windows setback about 4.5m
from the common boundary of the subject site. The ground floor unit (unit 1)
has no views due to intervening development and therefore is not included in
the assessment.

View impacts
have also been raised by the occupants of unit 3 (first floor) and unit 6
(second floor) which have balconies and living room windows on the southern
side of the building setback about 12m from the common boundary of the site.
The view impacts are assessed from unit 3. The strata corporation was contacted
to arrange access to all units however, no access was provided to unit 6. In
any event there are no view impacts from unit 6 which is at the same level as
unit 5 (see discussion below).

Step 1- The first step is the
assessment of views to be affected. Water views are valued more highly than
land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued
more highly than partial views, eg a water view in which the interface between
land and water is visible is more valuable than one in which it is obscured.

Unit 5 (2nd
Floor)

The views are
generally partial district views interrupted by intervening development and
existing vegetation in the foreground. There are distant partial views of the
ocean and Malabar Headland. Refer to Figure 1.

Unit 2 (1st
Floor)

The views are
limited to distant glimpses of the ocean and Malabar Headland interrupted by
intervening development and existing vegetation in the foreground. Refer to Figure
2.

Figure 1 – View
from the balcony of unit 5 (2nd Floor) at No. 383 Maroubra Road looking
southeast over the subject site

Figure 2 – View
from the balcony of unit 2 (1st Floor) at No. 383 Maroubra Road looking
southeast over the subject site

Unit 3 (1st Floor)

The views to the southeast across the rear
boundary are limited due to existing vegetation and intervening development in
the foreground. There are very minor glimpses of the ocean.

Figure 3 – View
from the balcony of unit 3 (1st Floor) at No. 383 Maroubra Road looking
southeast over the subject site

Step 2 - The second step is to consider from what part of the property the
views are obtained. For example the protection of views across side boundaries
is more difficult than the protection of views from front and rear boundaries.
In addition, whether the view is enjoyed from a standing or sitting position
may also be relevant. Sitting views are more difficult to protect than standing
views. The expectation to retain side views and sitting views is often
unrealistic.

Unit 5 (2nd
Floor)

The view is across
the rear boundary of the site. The views are from a standing position from the
balcony and living room. The view from the living room both seated and standing
is constrained by a window.

Unit 2 (1st
Floor)

The view is across
the rear boundary of the site. The views are from a standing position from the
balcony and the living room. The view from the living room both seated and
standing is constrained by a window.

Unit 3 (1st
Floor)

The limited views
are across the rear boundary of the site. The views are from a standing
position from the balcony. The standing views from the living room are through
a glass door to the balcony. There are no views from the kitchen or living room
in a sitting position.

Step 3 - The third step is to assess the extent of the impact. This should
be done for the whole of the property, not just for the view that is affected.
The impact on views from living areas is more significant than from bedrooms or
service areas (though views from kitchens are highly valued because people
spend so much time in them). The impact may be assessed quantitatively, but in
many cases this can be meaningless. For example, it is unhelpful to say that
the view loss is 20% if it includes one of the sails of the Opera House. It is
usually more useful to assess the view loss qualitatively as negligible, minor,
moderate, severe or devastating.

Unit 5 (2nd
Floor)

The proposed
first floor addition will have an RL 37.07m which is 1.41m higher than the
highest point of the existing dwelling house on the subject site (RL 35.66).
The balcony at unit 5 is at RL 36.825m which is 0.245m below the height of the
proposed ridge line. However the standing eye level (1.6m) is RL 38.425m.
Therefore there will be no view impact when standing on the balcony because eye
level is above the proposed ridge height in a standing position. It follows
that there will be no view impact in a standing position from the adjacent
internal living area.

Unit 2 (1st Floor)

The balcony at
unit 2 is at RL 33.9m which is 3.17m below the height of the proposed ridge
line. Therefore the distant glimpses of the ocean and Malabar headland to the
southeast will be removed when standing on the balcony and the adjacent
internal living area.

Unit 3 (2nd
Floor)

The balcony is
at the same level as the balcony at unit 2. The very limited views when
standing on the balcony will therefore also be removed by the proposed first
floor addition.

Step 4 - The fourth step is to assess the reasonableness of the proposal
that is causing the impact. A development that complies with all planning
controls would be considered more reasonable than one that breaches them. Where
an impact on views arises as a result of non-compliance with one or more
planning controls, even a moderate impact may be considered unreasonable. With
a complying proposal, the question should be asked whether a more skilful
design could provide the applicant with the same development potential and
amenity and reduce the impact on the views of neighbours. If the answer to that
question is no, then the view impact of a complying development would probably
be considered acceptable and the view sharing reasonable.

The proposed development
complies with Council’s maximum external wall height and building height
controls in DCP 2013. The question therefore arises as to whether a more
skilful design could provide the applicant with the same development potential
and amenity and reduce the impact on views. The proposed design incorporates a
pitched roof which adds to the height of the building. If a flat skillion roof
were adopted then the height would lower by about 1.07m to RL 36m which
accounts for additional external wall height of 0.45m for a sloping roof.
However, when standing on the balcony at unit 2 and 3 the eye level is RL
35.25m which is below any modified flat roof form by about 0.75m. Therefore
there would be no improvement in view impacts with a modified roof form. Given
the development complies with Council’s height controls it is considered
acceptable and the view sharing reasonable.

8.2 Design/Roof Form

The site is
unusual in that the side boundary adjoins the rear yard of five (5) residential
properties to the northwest which front Malabar Road. Furthermore, the dwelling
house forms a pair of semi-detached dwelling however its linear configuration is
at odds with the adjoining dwelling which has a square configuration.

The proposed
first floor addition will be visually dominant from the rear of the adjoining
properties to the north-west. Its bulk and scale is compatible with other first
floor additions in the locality which is characterised by 3 storey residential
flat buildings and substantial 2-3 storey dwelling houses.

The proposed
addition has a length of 15m however the fenestration along its northwestern
elevation will afford some visual relief.

The design of
the first floor addition is considered acceptable given the site is constrained
by its narrow configuration.

8.3 Visual Privacy

The proposed
first floor windows along the northwestern elevation will result in the
potential for overlooking the adjoining properties at No. 383 Maroubra Road and
Nos. 395 and 397 Malabar Road.

The southernmost
window to bedroom 1 is a highlight window with a minimum floor to sill height
of 1.5m which will mitigate any privacy impacts. The stairwell window will not
result in any adverse privacy impact as it is used for access.

However, it is
recommended that the windows to bedrooms 2 and 3 be provided with a privacy
screen to mitigate privacy impacts to adjoining properties. This is recommended
as a condition on any approval.

8.4 Parking

The existing
site is highly constrained making it difficult to provide parking due to its
narrow configuration and reduced front setback 4.79m. The proposal will
therefore result in a numerical non-compliance in the parking requirements due
to the increase in the number of bedrooms. However, the increase in floorpace
is minor and generally consistent with surrounding development. The
non-compliance will not result in any significant additional parking congestion
in the street.

8.5 Overshadowing

There will be
some minor additional overshadowing of the rear yards of the properties at No.
397, 399 & 401 Malabar Road at 9:00am during the winter solstice. By midday
the additional shadow cast will fall on the rear yard of the subject site.
There will be some additional overshadowing of the property at 389 Maroubra Road. The additional overshadowing is acceptable given it will receive a
minimum of 3 hours in the morning period at the winter solstice. The proposal
is acceptable in terms of overshadowing.

9. Randwick Section 94A Development
Contributions Plan

The Section 94A
Development Contributions Plan, effective from 2 July 2007, is applicable to
the proposed development. In accordance with the plan, the following monetary
levy is required:

Category

Cost

Applicable Levy

S94A Levy

Development
cost more than $200,000

$229,514.00

1.0%

$2,295.14

Relationship to City Plan

The
relationship with the City Plan is as follows:

Outcome 4: Excellence in Urban Design
and Development.

Direction 4a: Improved
design and sustainability across all development.

Financial Impact Statement

There is no direct financial impact for
this matter.

Conclusion

The proposal is
generally consistent with the relevant controls in RLEP 2012 and RDCP 2013. The
proposed design is generally consistent with the character of the area and
other two storey developments in the locality.

The proposal will not result in
significant adverse impacts upon the amenity of the surrounding properties in
terms of view loss, solar access and privacy.

The proposed
development is therefore considered to be a reasonable outcome for the site.

Recommendation

That Council,
as the consent authority, grants development consent under Sections 80 and
80A of the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 243/2013 for Alterations and additions to
existing dwelling including new first floor at No. 385 Maroubra Road,
Maroubra, subject to the following conditions:

GENERAL CONDITIONS

The development must be carried out in
accordance with the following conditions of consent.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of environmental amenity.

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is issued by either
Randwick City Council or an Accredited Certifier. All necessary information
to demonstrate compliance with the following conditions of consent must be
included in the documentation for the construction certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable levels of
environmental amenity.

Consent Requirements

3. The requirements and amendments detailed
in the ‘General Conditions’ must be complied with and be included in the
construction certificate plans and associated documentation.

External Colours, Materials & Finishes

4. a) The colours, materials and finishes
of the external surfaces are to be compatible with the existing building and
adjacent development to maintain the integrity and amenity of the building
and the streetscape.

External materials, finishes and colours of the building are
required to match, as closely as possible, the existing building and any
metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level
of reflection and glare.

b) Details of the proposed colours, materials
and textures (i.e. a schedule and brochure/s or sample board) are to be
submitted to and approved by the Certifying Authority prior to issuing a
construction certificate for the development.

Section 94A Development Contributions

5. In accordance with Council’s Section 94A Development Contributions Plan
effective from 2 July 2007, based on the development cost of $229,514,00 the
following applicable monetary levy must be paid to Council: $2,295.14

The levy must be paid in cash, bank cheque or by
credit card prior to a construction certificate being issued for the proposed
development. The development is subject to an index to reflect quarterly
variations in the Consumer Price Index (CPI) from the date of Council’s
determination to the date of payment.

Council’s Section 94A Development Contribution Plans
may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

Long Service Levy Payments

6. The required Long Service Levy payment,
under the Building and Construction Industry Long Service Payments Act
1986, must be forwarded to the Long Service Levy Corporation or the
Council, in accordance with Section 109F of the Environmental Planning
& Assessment Act 1979.

At the time of this development consent, Long Service Levy payment
is applicable on building work having a value of $25,000 or more, at the rate
of 0.35% of the
cost of the works.

Security Deposits

7. The following security deposits
requirement must be complied with prior to a construction certificate being
issued for the development, as security for making good any damage caused to
Council’s assets and infrastructure; and as security for completing any
public work; and for remedying any defect on such public works, in accordance
with section 80A(6) of the Environmental Planning and Assessment Act 1979:

· $600.00 - Damage / Civil Works Security Deposit

Security
deposits may be provided by way of a cash, cheque or credit card payment and
is refundable upon a satisfactory inspection by Council upon the completion
of the civil works which confirms that there has been no damage to Council's
infrastructure.

The
owner/builder is also requested to advise Council in writing and/or
photographs of any signs of existing damage to the Council roadway, footway,
or verge prior to the commencement of any building/demolition works.

To obtain a refund of relevant deposits, a Security Deposit
Refund Form is to be forwarded to Council’s Director of City Services
upon issuing of an occupation certificate or completion of the civil works.

Sydney Water

8. All building, plumbing and drainage work
must be carried out in accordance with the requirements of the Sydney Water
Corporation.

The approved
plans must be submitted to a Sydney Water Quick Check agent, to determine
whether the development will affect Sydney Water’s waste water and water
mains, stormwater drains and/or easements, and if any further requirements
need to be met.

If suitable,
the plans will be appropriately stamped. For details please refer to the
Sydney Water web site at www.sydneywater.com.au for:

· Quick Check agents details - see Building and Developing
then Quick Check and

· Guidelines for Building Over/Adjacent to Sydney Water Assets – see
Building and Development then Building and Renovating, or
telephone 13 20 92.

The
Principal Certifying Authority must ensure that a Sydney Water Quick Check
Agent has appropriately stamped the plans prior to issuing the construction
certificate.

REQUIREMENTS TO BE INCLUDED IN THE
CONSTRUCTION CERTIFICATE

The requirements contained in the following
conditions of consent must be complied with and details of compliance must be
included in the construction certificate for the development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Councils development consent conditions and to achieve reasonable levels of
environmental amenity.

Compliance with the Building Code of Australia

9. In accordance with section 80 A (11) of
the Environmental Planning & Assessment Act 1979 and clause 98 of
the Environmental Planning & Assessment Regulation 2000, it is a prescribed
condition that all building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA). Details of
compliance with the BCA are to be included in the construction certificate
application.

Structural Adequacy

10. Certificate of Adequacy supplied by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority), certifying the
structural adequacy of the existing structure to support the additional
storey/upper floor addition.

Smoke Alarms

11. Smoke alarms are required to be installed
in dwellings in accordance with the relevant provisions of the Building Code
of Australia (volume 2), smoke alarms must comply with AS3786. Smoke alarms
must be connected to the consumer mains electric power supply and provided
with a battery back-up. Details of compliance are to be included in the
construction certificate.

BASIX Requirements

12. In accordance with section 80A(11) of the Environmental
Planning & Assessment Act 1979 and clause 97A of the Environmental
Planning & Assessment Regulation 2000, the requirements and commitments
contained in the relevant BASIX Certificate must be complied with.

The required commitments listed and identified in the BASIX
Certificate must be included on the construction
certificate plans, specifications and associated
documentation, to the satisfaction of the Certifying Authority.

The design of the building must not be inconsistent with the
development consent and any proposed variations to the building to achieve
the BASIX commitments may necessitate a new development consent or amendment
to the existing consent to be obtained, prior to a construction certificate
being issued.

Stormwater Drainage

13. A surface water/stormwater drainage system
must be provided in accordance with the following requirements, to the
satisfaction of the Certifying Authority and details are to be included in
the construction certificate:-

a) Surface water/stormwater drainage systems
must be provided in accordance with the relevant requirements of the Building
Code of Australia (Volume 2);

b) The surface water/stormwater must be drained
and discharged to the street gutter or, subject to site suitability, the
stormwater may be drained to a suitably designed absorption pit;

c) Any absorption pits or soaker wells should
be located not less than 3m from any adjoining premises and the stormwater
must not be directed to any adjoining premises or cause a nuisance;

d) External paths and ground surfaces are to be
constructed at appropriate levels and be graded and drained away from the
building and adjoining premises, so as not to result in the entry of water
into the building, or cause a nuisance or damage to the adjoining premises;

e) Details of any proposed drainage systems or
works to be carried out in the road, footpath or nature strip must be
submitted to and approved by Council before commencing these works.

Building & Design

14. The north western external walls of the
dwelling must be located not less than 1200mm from the site boundary.

15. Eaves, gutters,
hoods and similar structures or attachments are required to be setback from
the side boundaries of the allotment a minimum distance of 450mm.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF
ANY WORKS

The following conditions of consent must be
complied with prior to the commencement of any works on the site. The necessary
documentation and information must be provided to the Council or the ‘Principal
Certifying Authority’ (PCA), as applicable.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity.

Certification, PCA & other Requirements

16. Prior to the commencement of any building
works, the following requirements must be complied with:

a) a Construction Certificate must be
obtained from the Council or an accredited certifier, in accordance with the
provisions of the Environmental Planning & Assessment Act 1979.

A copy of the construction certificate, the approved
development consent plans and consent conditions must be kept on the site at
all times and be made available to the Council officers and all building
contractors for assessment.

b) a Principal Certifying Authority
(PCA) must be appointed to carry out the necessary building inspections and
to issue an occupation certificate; and

c) a principal contractor must be
appointed for the building work, or in relation to residential building work,
an owner-builder permit may be obtained in accordance with the requirements
of the Home Building Act 1989, and the PCA and Council are to be
notified accordingly; and

d) the principal contractor must be
advised of the required critical stage inspections and other
inspections to be carried out, as specified by the Principal Certifying
Authority; and

e) at least two days notice must be given to
the Council, in writing, prior to commencing any works.

In relation
to residential building work, the principal contractor must be the holder of
a contractor licence, in accordance with the provisions of the Home Building Act 1989.

Home Building Act 1989

17. In accordance with section 80 A (11) of the
Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental
Planning & Assessment Regulation 2000, the requirements of the Home
Building Act 1989 must be complied with.

Details of the Licensed Building Contractor and a copy of the
relevant Certificate of Home Warranty Insurance or a copy of the
Owner-Builder Permit (as applicable) must be provided to the Principal
Certifying Authority and Council.

Dilapidation Reports

18. A dilapidation report prepared by a
professional engineer, building surveyor or other suitably qualified
independent person must be submitted to the satisfaction of the Principal
Certifying Authority prior to commencement of any demolition, excavation or
building works, in the following cases:

· excavations
for new dwellings, additions to dwellings, swimming pools or the like which
are proposed to be located within the zone of influence of the
footings of any dwelling, associated garage or other substantial structure
located upon an adjoining premises,

· new
dwellings or additions to dwellings sited up to shared property boundaries
(e.g. additions to a semi-detached dwelling or terraced dwellings),

· excavations
for new dwellings, additions to dwellings, swimming pools or the like which
are within rock and may result in vibration and or potential damage to any
dwelling, associated garage or other substantial structure located upon an
adjoining premises,

· as
otherwise may be required by the Principal Certifying Authority.

The report (including photographs) are required to detail the
current condition and status of any dwelling, associated garage or other
substantial structure located upon the adjoining premises, which may be
affected by the subject works. A copy of the dilapidation report is to be
given to the owners of the premises encompassed in the report/s before
commencing any works.

Construction Noise & Vibration Management Plan

19. Noise and vibration emissions during the
construction of the building and associated site works must not result in
damage to nearby premises or result in an unreasonable loss of amenity to
nearby residents and the relevant requirements of the Protection of the
Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied
at all times.

Noise and vibration from any rock excavation machinery, pile
drivers and all plant and equipment must be minimised, by using appropriate
plant and equipment, silencers and the implementation of noise management
strategies.

A Construction Noise Management Plan, prepared in
accordance with the NSW DECC Construction Noise Guideline by a suitably
qualified person, is to be implemented throughout the works. A copy of the
strategy must be provided to the Principal Certifying Authority and Council
prior to the commencement of works on site.

Construction Site Management Plan

20. A Construction Site Management Plan
must be developed and implemented prior to the commencement of any works. The
construction site management plan must include the following measures, as
applicable to the type of development:

· location
and construction of protective fencing / hoardings to the perimeter of the
site;

· location
of site storage areas/sheds/equipment;

· location
of building materials for construction;

· provisions
for public safety;

· dust
control measures;

· site
access location and construction

· details
of methods of disposal of demolition materials;

· protective
measures for tree preservation;

· provisions
for temporary sanitary facilities;

· location
and size of waste containers/bulk bins;

· details
of proposed sediment and erosion control measures;

· provisions
for temporary stormwater drainage;

· construction
noise and vibration management;

· construction
traffic management details.

The site
management measures must be implemented prior to the commencement of any site
works and be maintained throughout the works, to the satisfaction of Council.

A copy of
the Construction Site Management Plan must be provided to the Principal
Certifying Authority and Council prior to commencing site works. A copy must
also be maintained on site and be made available to Council officers upon
request.

Demolition Work Plan

21. A Demolition Work Plan must be prepared for
the development in accordance with Australian Standard AS2601-2001,
Demolition of Structures and relevant environmental/occupational health and
safety requirements.

The
Demolition Work Plan must include the following information (as applicable):

· The
name, address, contact details and licence number of the Demolisher /Asbestos
Removal Contractor

· Details
of hazardous materials (including asbestos)

· Method/s
of demolition (including removal of any asbestos)

· Measures
and processes to be implemented to ensure the health & safety of workers
and community

· Measures
to be implemented to minimise any airborne dust and asbestos

· Methods
and location of disposal of any hazardous materials (including asbestos)

The
Demolition Work Plan must be submitted to the Principal Certifying Authority
(PCA), not less than two (2) working days before commencing any demolition
work. A copy of the Demolition Work Plan must be maintained on site and be
made available to Council officers upon request.

If the work
involves asbestos products or materials, a copy of the Demolition Work Plan
must also be provided to Council not less than 2 days before commencing those
works.

Notes

§ It is the
responsibility of the persons undertaking demolition work to obtain the
relevant WorkCover licences and permits.

§ Refer to the
conditions within the “Requirements During Construction & Site Work”, for
further details and requirements relating to demolition work, removal of any
asbestos and public safety.

Public Utilities

22. A Public Utility Impact Assessment
must be carried out to identify all public utility services located on the
site, roadway, nature strip, footpath, public reserve or any public areas
associated with and/or adjacent to the building works.

Documentary evidence from the relevant public utility authorities
confirming that their requirements have been or are able to be satisfied,
must be submitted to the Principal Certifying Authority prior to the
commencement of any works.

The owner/builder must make the necessary arrangements and meet
the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services
as required.

REQUIREMENTS DURING CONSTRUCTION & SITE
WORK

The following conditions of consent must be
complied with during the demolition, excavation and construction of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity during construction.

Inspections During Construction

23. The building works must be inspected by the
Principal Certifying Authority, in accordance with sections 109 E (3)
of the Environmental Planning & Assessment Act 1979 and clause
162A of the Environmental Planning & Assessment Regulation 2000,
to monitor compliance with the relevant standards of construction, Council’s
development consent and the construction certificate.

The Principal Certifying Authority must specify the
relevant stages of construction to be inspected and a satisfactory inspection
must be carried out, to the satisfaction of the Principal Certifying
Authority, prior to proceeding to the subsequent stages of construction
or finalisation of the works (as applicable).

Site Signage

24. A sign must be erected and maintained in a
prominent position on the site for the duration of the works, which contains
the following details:

· name,
address, contractor licence number and telephone number of the principal
contractor, including a telephone number at which the person may be
contacted outside working hours, or owner-builder permit details (as
applicable)

· name,
address and telephone number of the Principal Certifying Authority,

· a
statement stating that “unauthorised entry to the work site is prohibited”.

Restriction on Working Hours

25. Building, demolition and associated site
works must be carried out in accordance with the following requirements:

Activity

Permitted working hours

All building, demolition and site work,
including site deliveries (except as detailed below)

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

Excavating of rock, use of
jack-hammers, pile-drivers, vibratory rollers/compactors or the like

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

An application to vary the abovementioned hours may be submitted
to Council’s Manager Health, Building & Regulatory Services for
consideration and approval to vary the specified hours may be granted in
exceptional circumstances and for limited occasions (e.g. for public safety,
traffic management or road safety reasons). Any applications are to be made
on the standard application form and include payment of the relevant fees and
supporting information. Applications must be made at least 10 days prior to
the date of the proposed work and the prior written approval of Council must
be obtained to vary the standard permitted working hours.

Demolition Work Requirements

26. The demolition of buildings and the
removal, storage, handling and disposal of building materials must be carried
out in accordance with the relevant requirements of WorkCover NSW, the NSW
Department of Environment, Climate Change & Water and Randwick City
Council policies, including:

· Work
Health & Safety Act 2011 and Regulations

· WorkCover
NSW Code of Practice for the Safe Removal of Asbestos

· WorkCover
NSW Guidelines and Codes of Practice

· Australian
Standard 2601 (2001) – Demolition of Structures

· The
Protection of the Environment Operations Act 1997 and Regulations

· Relevant
DECCW/EPA Guidelines

· Randwick City Council Asbestos Policy

A copy of
Council’s Asbestos Policy is available on Council’s web site at
www.randwick.nsw.gov.au in the Building & Development section or a copy
can be obtained from Council’s Customer Service Centre.

Removal of Asbestos Materials

27. Work involving the demolition, storage or
disposal of asbestos products and materials must be carried out in accordance
with the following requirements:

· A
WorkCover licensed demolition or asbestos removal contractor must undertake
removal of more than 10m2 of bonded asbestos (or as otherwise
specified by WorkCover or relevant legislation). Removal of friable asbestos
material must only be undertaken by contractor that holds a current friable
asbestos removal licence. A copy of the relevant licence must be provided to
the Principal Certifying Authority.

· On
sites involving the removal of asbestos, a sign must be clearly displayed in
a prominent visible position at the front of the site, containing the words
‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed
contractor.

· Asbestos
waste must be stored, transported and disposed of in compliance with the Protection
of the Environment Operations Act 1997 and the Protection of the
Environment Operations (Waste) Regulation 2005. Details of the landfill
site (which must be lawfully able to receive asbestos materials) must be
provided to the Principal Certifying Authority.

· A
Clearance Certificate or Statement, prepared by a suitably qualified person
(i.e. an occupational hygienist, licensed asbestos removal contractor,
building consultant, architect or experienced licensed building contractor),
must be provided to Council and the Principal certifying authority upon
completion of the asbestos related works which confirms that the asbestos
material have been removed appropriately and the relevant conditions of
consent have been satisfied.

A copy of
Council’s Asbestos Policy is available on Council’s web site at
www.randwick.nsw.gov.au in the Building & Development Section or a copy
can be obtained from Council’s Customer Service Centre.

Sediment & Erosion Control

28. Sediment and erosion control measures, must
be implemented throughout the site works in accordance with the manual for
Managing Urban Stormwater – Soils and Construction, published by Landcom, to
Council’s satisfaction. Details are to be included in the Construction
Site Management Plan.

Public Safety & Site Management

29. Public safety and convenience must be
maintained at all times during demolition, excavation and construction works
and the following requirements must be complied with:

a) Public access to the building site and
materials must be restricted by existing boundary fencing or temporary site
fencing having a minimum height of 1.5m, to Council’s satisfaction.

Temporary site fences are required to be constructed of cyclone
wire fencing material and be structurally adequate, safe and constructed in a
professional manner. The use of poor quality materials or steel
reinforcement mesh as fencing is not permissible.

b) Building materials, sand, soil, waste
materials, construction equipment or other articles must not be placed upon
the footpath, roadway or nature strip at any time.

c) The road, footpath, vehicular crossing and
nature strip must be maintained in a good, safe, clean condition and free
from any excavations, obstructions, trip hazards, goods, materials, soils or
debris at all times. Any damage caused to the road, footway, vehicular
crossing, nature strip or any public place must be repaired immediately, to
the satisfaction of Council.

d) Building operations such as brick cutting,
washing tools or equipment and mixing mortar are not permitted on public
footpaths, roadways, nature strips, in any public place or any location which
may lead to the discharge of materials into the stormwater drainage system.

e) Sediment and erosion control measures, must
be implemented throughout the site works in accordance with the manual for
Managing Urban Stormwater – Soils and Construction, published by Landcom, to
Council’s satisfaction.

f) Site fencing, building materials, bulk
bins/waste containers and other articles must not be located upon the
footpath, roadway or nature strip at any time without the prior written
approval of the Council. Applications to place a waste container in a public
place can be made to Council’s Health, Building and Regulatory Services
department.

g) Temporary safety fencing is to be provided
to any swimming pools under construction, pending the completion of all
building work and the pool must not be filled until a fencing inspection has
been carried out and approved by the principal certifying authority.

Support of Adjoining Land, Excavations &
Retaining Walls

30. In accordance with section 80 A (11) of the
Environmental Planning & Assessment Act 1979 and clause 98 E of
the Environmental Planning & Assessment Regulation 2000, it is a
prescribed condition that the adjoining land and buildings located upon the
adjoining land must be adequately supported at all times.

31. All excavations and backfilling associated
with the erection or demolition of a building must be executed safely in
accordance with appropriate professional standards and excavations must be
properly guarded and supported to prevent them from being dangerous to life,
property or buildings.

Retaining walls, shoring or piling must be provided to support
land which is excavated in association with the erection or demolition of a
building, to prevent the movement of soil and to support the adjacent land
and buildings, if the soil conditions require it. Adequate provisions are
also to be made for drainage.

Details of
proposed retaining walls, shoring, piling or other measures are to be
submitted to and approved by the Principal Certifying Authority.

32. Prior to
undertaking any demolition, excavation or building work in the following
circumstances, a report must be obtained from a professional engineer which
details the methods of support for the dwelling or associated structure on
the adjoining land, to the satisfaction of the Principal Certifying
Authority:

· when undertaking excavation or building work within the zone of
influence of the footings of a dwelling or associated structure that is
located on the adjoining land;

· when undertaking demolition work to a wall of a dwelling that is
built to a common or shared boundary (e.g. semi-detached or terrace
dwelling);

· when constructing a wall to a dwelling or associated structure
that is located within 900mm of a dwelling located on the adjoining land.

The
demolition, excavation and building work and the provision of support to the
dwelling or associated structure on the adjoining land, must also be carried
out in accordance with the abovementioned report, to the satisfaction of the Principal
Certifying Authority.

Building Encroachments

33. There must be no encroachment of any
structures or building work onto Council’s road reserve, footway, nature
strip or public place.

Road/Asset Opening Permit

34. A Road / Asset Opening Permit must
be obtained from Council prior to commencing any excavations or works within
or upon a road, footpath, nature strip or in any public place, in accordance
with section 138 of the Roads Act 1993 and all
of the conditions and requirements contained in the Road / Asset Opening
Permit must be complied with.

The following conditions of consent must be
complied with prior to the ‘Principal Certifying Authority’ issuing an
‘Occupation Certificate’.

Note: For
the purpose of this consent, any reference to ‘occupation certificate’ shall
also be taken to mean ‘interim occupation certificate’ unless otherwise
stated.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of public
health, safety and amenity.

Occupation Certificate Requirements

35. An Occupation Certificate must be obtained
from the Principal Certifying Authority prior to any occupation of the
building work encompassed in this development consent (including alterations
and additions to existing buildings), in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.

An Occupation Certificate must not be issued for the development
if the development is inconsistent with the development consent. The
relevant requirements of the Environmental Planning & Assessment Act
1979 and conditions of development consent must be satisfied prior to the
issuing of an occupation certificate.

BASIX Requirements

36. In accordance with Clause 154B of the Environmental
Planning & Assessment Regulation 2000, a Certifying Authority must
not issue an Occupation Certificate for this development, unless it is
satisfied that each of the required BASIX commitments have been fulfilled.

Relevant documentary evidence of compliance with the BASIX
commitments is to be forwarded to the Council upon issuing an Occupation
Certificate.

Occupant Safety

37. Openable windows to a room, corridor,
stairway or the like with a floor level more than 4m above the external
ground/surface level, must be designed and constructed to reduce the
likelihood of a child accessing and falling through the window opening.

Options may include one or more of the following measures:

· The
window having a minimum sill height of 1.5m above the internal floor level,

· Fixing
or securing the window (e.g. by screws or a window locking device) to
restrict or to be able to secure the extent of the opening to a maximum width
of 125mm,

· Installing
a fixed heavy-duty gauge metal screen over the opening (excluding upon any
front or street elevation of the building) e.g. A metal security screen or
metal security mesh and frame system, but not standard fly-screen material,

· Other
appropriate effective safety measures or barrier.

The relevant
measures must be implemented prior to the issue of an occupation certificate.

Council’s Infrastructure & Vehicular Crossings

38. All external civil work to be carried out
on Council property (including the installation and repair of roads,
footpaths, vehicular crossings, kerb and guttering and drainage works), must
be carried out in accordance with Council's Policy for "Vehicular Access
and Road and Drainage Works" and the following requirements:

a) All work on Council land must be carried out by Council,
unless specific written approval has been obtained from Council to use
non-Council contractors.

b) Details of the proposed civil works to be carried out on
Council land must be submitted to Council in a Pre-paid Works Application
Form, prior to issuing an occupation certificate, together with payment
of the relevant fees.

c) If it is proposed to use non-Council contractors to carry out
the civil works on Council land, the work must not commence until the written
approval has been obtained from Council and the work must be carried out in
accordance with the conditions of consent, Council’s design details and
payment of a Council design and supervision fee.

d) The civil works must be completed in accordance with
Council’s conditions of consent and approved design and construction
documentation, prior to occupation of the development, or as otherwise
approved by Council in writing.

OPERATIONAL CONDITIONS

The following operational conditions must be
complied with at all times, throughout the use and operation of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of public health
and environmental amenity.

Use of premises

39. The premises must only be used as a single
residential dwelling and must not be used for dual or multi-occupancy
purposes.

External Lighting

40. External lighting to the premises must be
designed and located so as to minimise light-spill beyond the property
boundary or cause a public nuisance.

Plant & Equipment

41. The operation of all plant and equipment
upon the premises shall not give rise to an ‘offensive noise’ as defined in
the Protection of the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the plant and equipment shall not
give rise to an LAeq, 15 min sound pressure level at
any affected premises that exceeds the background LA90, 15
min noise level, measured in the absence of the noise source/s under
consideration by more than 5dB(A) in accordance with relevant NSW Office of
Environment & Heritage (EPA) Noise Control Guidelines.

Air Conditioners

42. Air conditioning plant and equipment shall
not be operated during the following hours if the noise emitted can be heard
within a habitable room in any other residential premises, or, as otherwise
specified in relevant Noise Control Regulations:

· before 8.00am or after 10.00pm on
any Saturday, Sunday or public holiday; or

· before 7.00am or after 10.00pm on
any other day.

Rainwater Tanks

43. The operation of plant and equipment
associated with rainwater tanks are to be restricted to the following hours
if the noise emitted can be heard within a habitable room in any other
residential premises:

· before 8.00am or after 8.00pm on
weekends or public holiday; or

· before 7.00am or after 8.00pm on
weekdays.

ADVISORY NOTES

The following information is provided for your
assistance to ensure compliance with the Environmental Planning &
Assessment Act 1979, Environmental Planning & Assessment
Regulation 2000, or other relevant legislation and Council’s policies.
This information does not form part of the conditions of development consent
pursuant to Section 80A of the Act.

A1 The requirements and provisions of the Environmental
Planning & Assessment Act 1979 and Environmental Planning &
Assessment Regulation 2000, must be fully complied with at all times.

Failure to
comply with these requirements is an offence, which renders the responsible
person liable to a maximum penalty of $1.1 million. Alternatively, Council
may issue a penalty infringement notice (for up to $1,500) for each offence.
Council may also issue notices and orders to demolish unauthorised or
non-complying building work, or to comply with the requirements of Council’s
development consent.

A2 Demolition, building or excavation work
must not be commenced until;

§ A Construction Certificate has been obtained from Council or an
Accredited Certifier

§ Council or an Accredited Certifier has been appointed as the
Principal Certifying Authority for the development

§ Council and the Principal Certifying Authority have been given at
least 2 days notice (in writing) prior to commencing any works.

A3 This determination does not include an
assessment of the proposed works under the Building Code of Australia (BCA)
and other relevant Standards. All new building work (including alterations
and additions) must comply with the BCA and relevant Standards and you are
advised to liaise with your architect, engineer and building consultant prior
to lodgement of your construction certificate.

A4 Council’s Building Approvals & Certification
team can issue Construction Certificates and be your Principal Certifying
Authority for the development, to undertake inspections and ensure compliance
with the development consent, relevant building regulations and standards of
construction. For further details contact Council’s Building Approvals
& Certification team on 9399 0944.

A5 A Local Approval application must be
submitted to and be approved by Council's Building Approvals &
Certification team prior to commencing any of the following activities on a
footpath, road, nature strip or in any public place:-

§ Install or erect any site fencing, hoardings or site structures

§ Operate a crane or hoist goods or materials over a footpath or
road

§ Placement of a waste skip or any other container or article.

For further information please contact Council’s Building
Approvals & Certification team on 9399 0944.

A6 Specific details of the location of the
building/s should be provided in the Construction Certificate to demonstrate
that the proposed building work will not encroach onto the adjoining
properties, Council’s road reserve or any public place, to the satisfaction
of the Certifying Authority.

A7 Prior to commencing any works, the
owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au
and relevant Service Authorities, for information on potential underground
pipes and cables within the vicinity of the development site.

A8 This consent does not authorise any
trespass or encroachment upon any adjoining or supported land or building
whether private or public. Where any underpinning, shoring, soil anchoring
(temporary or permanent) or the like is proposed to be carried out upon any
adjoining or supported land, the land owner or principal contractor must
obtain:

§ the consent of the owners of such adjoining or supported land to
trespass or encroach, or

§ an access order under the Access to Neighbouring Land Act 2000, or

§ an easement under section 88K of the Conveyancing Act 1919,
or

§ an easement under section 40 of the Land & Environment
Court Act 1979, as appropriate.

Section 177 of the Conveyancing Act 1919 creates a
statutory duty of care in relation to support of land. Accordingly, a person
has a duty of care not to do anything on or in relation to land being
developed (the supporting land) that removes the support provided by the
supporting land to any other adjoining land (the supported land).

Proposal: Alterations to the existing multi-unit residential building
including additional floor resulting in 6 units over 3 levels with
semi-basement and ground level carparking for 6 vehicles (SEPP1 objections to
floor space ratio, landscape area and wall height control)

Ward:Central Ward

Applicant:Arki (Vis) Pty Ltd

Owner: Mr J E
Hagger & Mrs S L Hagger

Summary

Recommendation: Approval

Subject Site

Submissions received

Ù

North

Locality Plan

1. Executive Summary

The subject proposal is referred
to Council for determination as it contains variations to the maximum FSR,
maximum wall height and minimum landscaped area standards stipulated in
Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant
has submitted a SEPP 1 objection to these development standards.

The subject application is for alterations to the existing multi-unit residential building including
additional floor resulting in 6 units over 3 levels with semi-basement and
ground level carparking for 6 vehicles.

To address issues raised by the
Council and the SEPP 65 Design Review Panel (DRP), amended plans were submitted
on 19 March 2013, primarily showing provision of news stairs to improve access,
wider main entrances, installation of shading and solar control devices,
increase in building height by 100mm to accommodate services and insulation,
internal improvements in configuration and layout of units and external
enhancement to facades to strengthen the presentation and aesthetics of the
building. A view analysis was also submitted with the amended plans showing
moderate view loss impacts to the neighbouring property to the north. The
amended plans are considered to be satisfactory showing an improved proposal
that addresses design issues raised. These amended plans are the subject of
assessment in this report.

The amended proposal has an FSR
of 0.99:1 which breaches the maximum 0.65:1 FSR standard applicable under the
Randwick LEP 1998; a maximum external wall height of 11.46m which varies from
the maximum wall height standard of 10m and a landscaped area of 42% (242 sqm)
which varies from the minimum landscape area control of 50% (287.8 sqm).
Accordingly, the applicant has submitted SEPP 1 Objections in respect of the
variations to FSR, wall height and landscaped area.

The SEPP 1 Objections have been
assessed and found acceptable as the proposal does not result in a building
that exceeds the maximum 12m height control with the increase floor area mainly
contained within an upper floor addition that will have a flat roof lower than
the high pitched roof of the existing building. The existing building has an
FSR of 0.66:1 (379.8 sqm) and, while the proposal will increase the FSR to
0.99:1 (569.8 sqm) it will integrate the new floor area into the existing
building in a competent and sensitive way such that, visually, there will not
be a great increase in bulk and scale in the new building. In relation to
height, the new upper floor addition will be satisfactorily integrated into the
existing envelope such that it would comply with the 10m wall height standard
at the front section to Bond Street and therefore would not be visually
intrusive in the streetscape and would minimise view loss to neighbouring
properties directly in front of the subject site. The overall development will
be consistent in height bulk and scale to that of existing residential flat
developments in Bond Street. In terms of landscaped area, the proposal will result
in 4 sqm of additional landscaped private open space than currently exists on
site. The existing development has a poorly maintained and unkempt rear yard
that does not lend a high degree of amenity to occupants. The proposal will
replace this with a rejuvenated and enhanced landscaped area which will serve
as a recreational as well as screening/softening element for the proposed
development. Accordingly, overall, the proposal will be consistent with the planning
objectives for the locality and purposes of the standard, resulting in a built
form that will be consistent with the character of existing development.
Furthermore, the additional density will not give rise to any detrimental
impacts to surrounding uses in terms of sunlight, privacy, views, traffic and
parking impacts. Assessment of the SEPP 1 Objection indicates that strict
compliance with the FSR, wall height and landscaped area control would be
unreasonable and unnecessary as indicated in Section 5 of this report.

The Randwick Multi-Unit Housing
DCP specifies detailed built form, setbacks and amenity controls for
residential flat buildings. It has been demonstrated in this report that the
relevant objectives and performance requirements of the DCP – Multi-unit
Housing have been achieved in that the proposed development primarily will not
result in any unreasonable adverse impacts on the amenity of the adjoining
dwellings and the character of the locality.

The proposal is
for alterations and additions to an existing building where the existing
western building line cannot be relocated or rebuilt to accommodate a wider
driveway along the western boundary without demolishing a significant amount,
if not the whole, of the existing building. In this context, the provision of
some car parking spaces at the rear, albeit for small cars, will assist in
alleviating car parking demand on Bond Street. Furthermore, the existing
building with 4 dwelling units currently has no on-site car parking so that, in
comparison, the addition of only two more dwelling units but with 6 car parking
spaces for small cars, is considered a positive outcome. The shortfall
relating to visitor parking, amounting to 2 car spaces, can be addressed by the
fact that the site is located adjacent to good public transport with regular
and frequent bus routes along Marine Parade. Given the site’s proximity to good
public transport and availability of on-street parking the requirement for
visitor parking may be waived in this instance. There is no scope to provide
additional parking on the site without a complete knockdown and rebuild of the
existing building to provide for a basement car park.

The proposed development
satisfies the matters for consideration under Section 79C of the Environmental
Planning and Assessment Act 1979, as amended. Therefore the proposal is
recommended for approval.

The recommendation is for
approval subject to conditions.

2. The Proposal

The current proposal is
essentially for alterations to the existing multi-unit
residential building including additional floor resulting in 6 units over 3
levels with semi-basement and ground level carparking for 6 vehicles

As indicated above, the proposal
has been amended to address issues raised by Council and the SEPP 65 DRP with
the following changes:

3. The subject site and surrounding area

Figure
1: The subject site and surrounds

The site is
located on the southern side of Bond Street in Maroubra near the intersection
of Bond Street and Marine Parade. The site is irregular in shape, having an
overall area of 575.6m2. The site has a frontage of 15.24m to Bond Street and a rear southern boundary of 15.95m. The eastern side (side) boundary is
35.56m and the western side boundary is 40.23m. Levels fall steeply across the
site from the front to the rear by some 3.8m. The site currently contains a
two-storey brick and tiled pitched roof residential flat building containing 4
x 2 bedroom units with a rear lower level under the building for laundry rooms.
There are no car parking spaces existing on-site.

The site is adjoined to the west by No.45
Bond Street, which contains a three storey brick and tiled roof residential
flat building; to the east by a single storey dwelling house at No. 49 Bond
Street which is currently used for a child care centre; and to the south by a
residential building at No 130A Marine Parade which is setback significantly
from the common rear boundary; and to the north on the opposite side of Bond
Street is a large four storey residential flat building at No 34-36 Bond
Street.

The surrounding area is
characterised by a mix of multi-unit development ranging between 2 and 5
storeys in scale, and displaying a range of architectural styles and external
finishes interspersed with dwelling houses and dual occupancies further inland
towards the west.

Photographs of the site and surrounds

1. The subject site and existing
residential flat building.

2. The subject site in
the context of the immediate existing streetscape.

3. Adjoining eastern dwelling house at
No 49 Bond Street currently used for a child care centre.

4.
Large three storey residential flat building on elevated basement podium
directly on the opposite side of Bond Street at No 34-36.

5. Other higher scaled development on existing on Bond Street.

4. Site History

The current application was
referred to the Design Review Panel in September 2012 and the Panel’s comments
are discussed in Section 9 below.

As indicated in the executive
summary above, amendments to the proposal have been undertaken by the applicant
in response to SEPP 65 DRP issues, resulting in a final set of plans received
by Council on 19 March 2013.

5. State Environmental Planning Policy No 1
Objections

Clause 20F Floor space ratios

The proposal seeks to vary a
development standard contained with Randwick Local Environmental Plan
(Consolidation) 1998 being Clause 20F - Floor Space Ratio.

A maximum FSR standard of 0.65:1
(max 374.14 sqm) is applicable to the subject site pursuant to Clause 20F of
the Randwick Local Environmental Plan (Consolidation) 1998. The proposed
multi-unit housing development will result in an FSR of 0.99:1 (max 569.8 sqm).
The existing building has a FSR of 0.66:1 (379.8 sqm).

The applicant has submitted an
objection under State Environmental Planning Policy No.1 - Development
Standards, and has argued that strict compliance with Clause 20F of Randwick
LEP is unreasonable and unnecessary. Principles for assessing SEPP 1 Objections
have been established in the NSW Land and Environment Court case, Wehbe v
Pittwater Council [2007] NSWLEC 827. The case has established that the
upholding of a SEPP 1 objection is a precondition which must be satisfied
before a proposed development can be approved by the consent authority. The
principles established in Wehbe v Pittwater Council are addressed in the
assessment of the applicant’s current SEPP 1 Objection:

Matter 1

The Court must be satisfied
that “the objection is well founded” (clause 7 of SEPP 1). The objection is to
be in writing, be an objection “that compliance with that development standard
is unreasonable or unnecessary in the circumstances of the case”, and specify
“the grounds of that objection” (clause 6 of SEPP 1).

The stated purpose of the maximum
FSR standard as outlined in the LEP is:

“To operate together with
controls for building height and landscaped area to limit the size, scale and
site coverage of a building having regard to the environmental amenity and
aesthetic character of the area.”

The applicant has submitted the
following arguments in support of the SEPP1 Objection:

Compliance with the development
standard is unreasonable and unnecessary for the following reasons:

· The excess floor area,
amounting to 183.4sqm, will be predominantly distributed to a new upper level
and contained within a building that has a maximum building height of 11.45m
which complies with the maximum building height standard of 12m under the
Randwick LEP 1998.

· The proposal will have
a height, bulk and scale that will not be visually intrusive as the new upper
floor addition will be integrated with the existing building such that the
front section of the building will comply with the 10m wall height standard.
Accordingly, the proposal will not replace the existing RFB with an excessively
high and bulky building, which in turn maintains the existing character of the
streetscape.

Figure
2 : Proposed north elevation to Bond Street

· In terms of relative
levels to AHD, the overall height of the proposed development with the new top
floor level (at maximum RL 24.73) will be compatible with other RFBs in the
locality including at No 128 Marine Parade (max 5 storey and max 14.43m at RL23.150);
No 126 Marine Parade (Max 4 storeys and max 12.5m high); No 33 Bond Street
(max 3 storeys and max 12m high) and No. 34-36 Bond Street (max 3 storeys on
top of basement podium at RL30.10).

· The proposed building
will make a positive contribution to the Bond Street streetscape and locality
in that it will be upgraded and refurbished with additional façade changes to
improve its environmental qualities. The additional FSR improves the overall
functionality of the building without demolishing or rebuilding the existing
building on site. The proposal demonstrates that refurbishment of the building
can achieve significant improvements to the aesthetics, amenity and
environmental performance at a reasonable cost. Figure 3 shows that the top
floor addition will be well integrated into the existing built form and will
not be visually intrusive in the streetscape. In particular, the proposed use
of a dark express weatherboard cladding combined with anodised external blinds
at the additional upper floor provides a contemporary light and articulated
element that not only moderates the visual bulk and scale of the proposal but
also contributes to the streetscape by providing a building that is compatible
in building bulk and scale as well as roof ridge levels.

· The building is
reasonably modulated such that the overall building mass is broken down and,
combined with the orientation of the site, will continue to ensure reasonable
solar access to adjoining development. In this regard, the proposal responds to
the topography of the site and surrounding locality with the new upper floor
addition containing the additional floor area maintaining an appropriate
restrained compact form.

· The additional gross
floor area will have walls that exceed the maximum wall height only on to
southern end of the new additional floor level, that is to the rear,
predominantly away and behind the view corridor of the residential properties
in No 34-36 Bond Street so that the impact on view loss to these properties
will be moderate and acceptable (as assessed in Section 9.1.2 below)

· The proposed
non-compliance does not result in any inconsistencies with the objectives of
the 2C zone in which the site is located as it will contribute towards the
variety of housing types in the area with the addition of two new dwelling
units and enable residential development of medium density form where such
development does not compromise the amenity of surrounding residential areas
and is compatible with the dominant character of existing development in the
area.

· The
proposal has incorporated additional design amendments in line with advice from
the SEPP 65 Design Review Panel. This has further enhanced the design and
visual presentation of the building such that it will have a more aesthetically
pleasing and strengthened presence to Bond Street.

· The
proposed development will also result in an improved urban environment,
ensuring an orderly and economic use of land for urban consolidation in the
subject site with minimal adverse environmental and amenity impacts on
neighbouring uses.

In conclusion, the submitted SEPP
1 Objection has addressed the consistency of the proposed development with the
underlying and stated purposes of the standards, the local planning objectives
for the locality and objectives of the Act. The objection has appropriately
justified that the strict compliance with the development standard is
unreasonable and unnecessary in the circumstances of the case. As such, it is
considered that the objection is well founded.

Matter 2

The Court must be of the
opinion that “granting of consent to that development application is consistent
with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

The aims and objects of SEPP 1
set out in clause 3 are to provide “flexibility in the application of planning
controls operating by virtue of development standards in circumstances where
strict compliance with those standards would, in any particular case, be
unreasonable or unnecessary or tend to hinder the attainment of the objects
specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects
in section 5(a)(i) and (ii) of the Act are to encourage:

“(1) the
proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals, water,
cities, towns and villages for the purpose of promoting the social and economic
welfare of the community and a better environment,

(2) the
promotion and coordination of the orderly and economic use of developed land.”

The variation from the FSR control
is consistent with the aims of the SEPP No.1 because it would not detract from
the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant
development would promote the orderly use and development of the subject land
because:

· it will have a height,
bulk and scale that will not detract from the predominant existing character of
its specific location containing predominantly medium to high density
residential development including refurbished residential flat buildings, and
older style residential flat buildings and 1970’s three to four storey
walk-ups.

· it will create
additional floor area that will not negatively impact upon the amenity of
adjoining and surrounding uses in terms of privacy, solar access, views and
visual bulk and scale impacts.

The proposal is also consistent
with the relevant objectives of Residential 2C Zone in that it will allow for
suitable development which is both commensurate with the surrounding bulk and
scale of buildings, as well as the desired character of the locality.

Matter 3

The Court must be satisfied
that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies
the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

“(a) whether non-compliance
with the development standard raises any matter of significance for State or
regional environmental planning, and

(b) the public benefit of
maintaining the planning controls adopted by the environmental planning
instrument”.

The proposed development and
variation from the development standard do not raise any matters of
significance for State or regional environmental planning. The strict adherence
to the numerical standard will not be necessary, in this case, for maintaining
the medium to high density housing forms in the locality, where such
development does not compromise the amenity of surrounding residential areas
and is compatible with the dominant character of existing development.

There would be no public benefit
in maintaining strict adherence to the relevant planning controls in this
instance as the proposal will not adversely affect the amenity of adjoining and
surrounding uses in terms of privacy, solar access, views and visual bulk and
scale impacts and in doing so it would uphold the orderly use and development
of the subject land.

Ways of establishing that
compliance is unreasonable or unnecessary

Preston C J expressed the view
that an objection under SEPP 1 may be well founded and be consistent with the
aims set out in clause 3 of the Policy in a variety of ways:

First

The most commonly invoked
way is to establish that compliance with the development standard is
unreasonable or unnecessary because the objectives of the development
standard are achieved notwithstanding non-compliance with the standard.

The rationale is that
development standards are not ends in themselves but means of achieving ends.
The ends are environmental or planning objectives. If the proposed
development proffers an alternative means of achieving the objective, strict
compliance with the standard would be unnecessary and unreasonable.

Comments:

As discussed above, strict
compliance with the development standard is unreasonable and unnecessary for
the proposal to achieve the objectives of the development standard.

Second

A second way is to establish
that the underlying objective or purpose is not relevant to the development
with the consequence that compliance is unnecessary.

Comments:

The underlying objective or
purpose of the standard is relevant to the subject development.

Third

A third way is to establish
that the underlying objective or purpose would be defeated or thwarted if
compliance was required with the consequence that compliance is unreasonable.

Comments:

Compliance would, in this case,
be unreasonable as the underlying objectives of the standard are achieved.

Fourth

A fourth way is to establish
that the development standard has been virtually abandoned or destroyed by
the Council’s own actions in granting consents departing from the standard
and hence compliance with the standard is unnecessary and unreasonable.

Comments:

The maximum FSR development
standard has not been abandoned or discarded by any decision or actions of
Council.

Fifth

A fifth way is to establish
that “the zoning of particular land” was “unreasonable or inappropriate” so
that “a development standard appropriate for that zoning was also
unreasonable or unnecessary as it applied to that land” and that “compliance
with the standard in that case would also be unreasonable or unnecessary.

Comments:

The existing Residential 2C
zoning is not considered to be inappropriate for the locality, which is
characterised by medium to high density residential development.

· Maximum Building and External Wall Height (Clause 20G)

The proposal seeks a variation to
the maximum external wall height standard. The amended proposal has a maximum
external wall height of 11.46m which varies from the maximum wall height
control of 10m specified in Clause 20G Randwick LEP 1998.

In assessing the applicant’s SEPP
1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been
addressed. The case has established that the upholding of a SEPP 1 objection is
a precondition which must be satisfied before a proposed development can be
approved by the consent authority:

Matter 1:The Court
must be satisfied that “the objection is well founded” (clause 7 of SEPP 1).
The objection is to be in writing, be an objection “that compliance with that
development standard is unreasonable or unnecessary in the circumstances of the
case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

The stated purpose of the standards
as outlined in the LEP is:

Purpose:
To operate together with controls for floor space ratio and landscaped area to
limit the size, scale and site coverage of a building having regard to the
environmental amenity and aesthetic character of the area.

The applicant has submitted the
following arguments in support of the SEPP1 Objection:

The applicant’s arguments are considered sound for the following reasons:

· The proposal will
readily comply with the overall maximum 12m building height control having a
maximum building height of 11.76m.

· The additional external
wall height is localised in the southern section of the proposed top floor
addition and occurs as a consequence of the sudden fall in the slope of the
land at the existing excavated garage level at this point. Nevertheless, the
breach in height at this point is mitigated by its generous setback from the
southern rear boundary of maximum 12.4m.

· The increase in wall
height arises in the portion of the addition where there is a sudden fall in
level over the existing excavated garage level whereas, in fact, in terms of
relative levels to AHD, the overall height of the proposed development with the
new top floor level (at maximum RL 24.73) will be lower than the existing
building which has a maximum RL 24.90 to the pitch of the existing roof located
over an existing higher section of the subject site.

· The minor localised
breach of the building and wall height limit is warranted as it does not create
excessive visual bulk and scale; is not considered intrusive or dominant; and
does not give rise to detrimental amenity impacts on adjoining/surrounding properties.
More importantly, the position of the maximum breach in wall height towards the
rear and behind the front building line means that it does not obstruct views
of adjoining properties especially from across Bond Street.

· The new top floor will
be setback by a minimum 8.7m to a maximum 12.4m from the splayed rear boundary.
The proposal will also retain the existing eastern and western side building
alignments. As such, the top level will not appear as a visually intrusive
element and will not be significantly noticeable when viewed from adjoining
properties and from the street front. The proposed development will not
introduce a new intrusive built form into the streetscape but rather adds
moderately to the sides of the existing roof line. The proposal, therefore,
will be consistent with the height, bulk and scale of adjoining and surrounding
multi-unit housing development along Bond Street. Accordingly, the proposed
development will not be visually intrusive and will not read as an
overdevelopment in the existing streetscape and locality.

· The proposed building
will make a positive contribution to the Bond Street streetscape and locality
in that it will be upgraded and refurbished in line with Council's urban design
improvement strategy contained in Design Ideas for Rejuvenating
Residential Flat Building to achieve a higher aesthetic quality and design
than that currently exhibited by the existing building. Accordingly, the
proposed development will achieve the objectives contained in the strategy.
Visually, a comparison between the proposed and existing development (see
Figure 3 below) shows that the top floor addition will be well integrated into
the existing built form and will not be visually intrusive. In particular, the
proposal’s use of a flat roof form to replace the existing higher pitch roof
provides an overall contemporary well-articulated and well-modulated building
that not only moderates the visual bulk and scale of the proposal but also
contributes to the streetscape by providing a building that is compatible in
building bulk and scale as well as roof ridge levels.

Figure
3: Photomontage of proposal in Bond Street.

· The proposed
non-compliance do not result in any inconsistencies with the objectives of the
2C zone in which the site is located or the general objectives for the built
and natural environment and amenity or the objectives of the external wall
height standard. In particular, the proposed development will be in keeping
with the existing height and scale of housing development in adjoining and
surrounding sites, and will not dominate these developments.

· The increase in the
building and wall height arises from the steep topography of the subject site
but results in a building envelope whose location and orientation will not give
rise to any significant adverse visual bulk and scale, overshadowing impacts,
view loss, privacy or visual or streetscape impacts on adjoining and
surrounding properties as indicated in relevant parts of this report.

The proposal satisfies the
purpose of the wall height standard and the SEPP 1 Objection is well founded.

Matter 2

Matter 2:The
Court must be of the opinion that “granting of consent to that development
application is consistent with the aims of this Policy as set out in clause 3”
(clause 7 of SEPP 1).

The aims and objects of SEPP 1
set out in clause 3 are to provide “flexibility in the application of planning
controls operating by virtue of development standards in circumstances where
strict compliance with those standards would, in any particular case, be
unreasonable or unnecessary or tend to hinder the attainment of the objects
specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects
in section 5(a)(i) and (ii) of the Act are to encourage:

“(1) the
proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals,
water, cities, towns and villages for the purpose of promoting the social and
economic welfare of the community and a better environment,

(2) the
promotion and coordination of the orderly and economic use of developed land.”

The applicant has presented a
case to establish that compliance with the standard would not hinder the
attainment of the objects of the Act. The proposed development would have an
acceptable impact on the character of the locality and this is consistent with
the objects as quoted in the SEPP. The variation from the external wall height
standard is consistent with the aims of SEPP 1 as it would not detract from the
objects of the Environmental Planning and Assessment Act embodied in Section
5(a)(i) and (ii). Specifically, the resultant development would promote the
orderly and economic use of the land, and would not result in significant
adverse environmental or social impacts.

Matter 3

Matter 3:The
Court must be satisfied that a consideration of the matters in clause 8(a) and
(b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in
clause 8(a) and (b) are:

“(a)
whether non-compliance with the development standard raises any matter of
significance for State or regional environmental planning, and

(b) the
public benefit of maintaining the planning controls adopted by the
environmental planning instrument”.

The proposed development and
variation from the development standard does not raise any matters of
significance for State or regional environmental planning. The strict adherence
to the numerical standard will not allow the best economic use of the site and
the delivery of a suitably scaled in-fill residential development in an
established neighbourhood.

There would be no public benefit
in maintaining strict adherence to the relevant planning controls in this
instance as the proposal will not adversely affect the amenity of adjoining and
surrounding uses in terms of privacy, solar access, views and visual bulk and
scale impacts and in doing so it would uphold the orderly use and development
of the subject land.

Ways of establishing that
compliance is unreasonable or unnecessary

Preston C J expressed the view
that an objection under SEPP 1 may be well founded and be consistent with the
aims set out in clause 3 of the Policy in a variety of ways:

Table - Establishing
compliance is unreasonable or necessary

Method

Assessment

First

The most commonly invoked
way is to establish that compliance with the development standard is
unreasonable or unnecessary because the objectives of the development
standard are achieved notwithstanding non-compliance with the standard.

The rationale is that
development standards are not ends in themselves but means of achieving ends.
The ends are environmental or planning objectives. If the proposed
development proffers an alternative means of achieving the objective, strict
compliance with the standard would be unnecessary and unreasonable.

Comments:

As discussed above, strict
compliance with the development standard is unreasonable and unnecessary as
the design scheme will achieve the objectives of the development standard.

Second

A second way is to establish
that the underlying objective or purpose is not relevant to the development
with the consequence that compliance is unnecessary.

Comments:

The underlying objective or purpose of the standard is
relevant to the subject development

Third

A third way is to establish
that the underlying objective or purpose would be defeated or thwarted if
compliance was required with the consequence that compliance is unreasonable.

Comments:

The underlying objective of the standard would not be
defeated or thwarted as full compliance in this instance is unreasonable

Fourth

A fourth way is to establish
that the development standard has been virtually abandoned or destroyed by
the Council’s own actions in granting consents departing from the standard
and hence compliance with the standard is unnecessary and unreasonable.

Comments:

The external wall height
standard has not been abandoned or discarded by any decision or actions of
Council.

Fifth

A fifth way is to establish
that “the zoning of particular land” was “unreasonable or inappropriate” so
that “a development standard appropriate for that zoning was also
unreasonable or unnecessary as it applied to that land” and that “compliance
with the standard in that case would also be unreasonable or unnecessary.

Comments:

The existing Residential 2C
zoning is considered to be appropriate for the locality.

The submitted SEPP 1 Objection
has addressed the consistency of the proposed development with the underlying
and stated purposes of the standards, the local planning objectives for the
locality and objectives of the Act. As such, it is considered that the
objection is well founded.

Clause 20E Landscaped Areas

The proposal seeks to vary a
development standard contained within RLEP 1998 (Consolidation). A SEPP 1
objection has been submitted to Council.

Pursuant to Clause 20E of RLEP
1998, the maximum landscaped area required for development, other than a
dwelling house, within Zone No 2C is 50 % (287.8 sqm) of the site area. The
proposal has a maximum landscaped area of 42% (242 sqm). The subject site has
an existing landscaped area of (41% (238 sqm).

In assessing the applicant’s SEPP
1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The
case has established that the upholding of a SEPP 1 objection is a precondition
which must be satisfied before a proposed development can be approved by the
consent authority:

Matter 1

The Court must be satisfied
that “the objection is well founded” (clause 7 of SEPP 1). The objection is to
be in writing, be an objection “that compliance with that development standard
is unreasonable or unnecessary in the circumstances of the case”, and specify
“the grounds of that objection” (clause 6 of SEPP 1).

· Comments:

The stated
purpose of the landscape standard as outlined in the LEP is:

“To operate
together with controls for floor space ratio and building height to limit the
size and scale and site coverage of a building having regard to the
environmental amenity and aesthetic character of the area.

The applicant has submitted the
following arguments in support of the SEPP1 Objection:

Compliance with the development
standard is unreasonable and unnecessary for the following reasons:

· The proposal is for the
refurbishment of an existing residential flat building which will result in 4
sqm of additional landscaped private open space than currently exists on site.
Subject to proposed works in the submitted landscape plan, the proposed landscaped
area will have a better quality when compared with the poorly maintained and
unattractive landscaping that is currently available on-site.

· The proposed landscaped
area will comprise entirely of deep soil area (with no areas located over a basement
podium), a large proportion of which is located in the rear yard. Accordingly,
the landscaped area provision will achieve the objective of the standard by operating
in tandem with the controls for floor space ratio and building height to
improve the visual presentation of the building through the provision of
substantial and robust landscaping as indicated in the submitted landscape
plan, and enhance the environmental amenity and aesthetic character of the
area.

· The proposal will
provide adequate areas of both communal and private open space, the
distribution and balance of which are considered reasonable such that the
amenity of landscaped areas for future residents will be enhanced.

· The proposed building will
make a positive contribution to the Bond Street streetscape and locality in
that it will be upgraded and refurbished in line with Council's urban design
improvement strategy contained in Design Ideas for Rejuvenating Residential Flat Building to achieve a higher aesthetic quality and design than that currently
exhibited by the existing building. Among other things, this strategy calls for
landscaping to be an integral part of the rejuvenation process (page 14).
Accordingly, as the existing development has a poorly maintained and unkempt
rear yard that does not lend a high degree of amenity to occupants, the
proposal will replace this with an enhanced landscaped area which will serve as
a recreational as well as a screening/softening element for the proposed
development. On the whole, the quality of landscape provision to the site is
improved by the current proposal and results in higher quality, useable outdoor
recreation space for future residents/occupants of the site. The proposal meets
the relevant objectives of the standard despite non-compliance with the
statutory standard.

· The landscape plan
lodged with the application indicates an appropriate range of planting which
will provide a landscaped ambiance for the existing and proposed passive/active
recreation areas and will also contribute to achieving appropriate privacy and
separation between the street, adjoining properties, and the existing units.

In conclusion, the proposal has
adequately addressed the consistency of the proposed development with the
underlying and stated purposes of the standard and the local planning
objectives for the locality and objectives of the Act. The SEPP 1 objection has
been provided that appropriately justifies that strict compliance with the
development standard is unreasonable and unnecessary in the circumstances of
the case.

Matter 2

The Court must be of the
opinion that “granting of consent to that development application is consistent
with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

The aims and objects of SEPP 1
set out in clause 3 are to provide “flexibility in the application of planning
controls operating by virtue of development standards in circumstances where
strict compliance with those standards would, in any particular case, be
unreasonable or unnecessary or tend to hinder the attainment of the objects
specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects
in section 5(a)(i) and (ii) of the Act are to encourage:

“(1) the
proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals,
water, cities, towns and villages for the purpose of promoting the social and
economic welfare of the community and a better environment,

(2) the
promotion and coordination of the orderly and economic use of developed land.”

The variation from the minimum
landscaped area standard is consistent with the aims of the SEPP No.1 because
it would not detract from the objects of the Act under Section 5 (a) (i) and
(ii) in that the resultant development would promote the orderly use and
development of the subject land.

Matter 3

The Court must be satisfied
that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies
the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

“(a) whether non-compliance
with the development standard raises any matter of significance for State or
regional environmental planning, and

(b) the public benefit of
maintaining the planning controls adopted by the environmental planning
instrument”.

The proposed development and
variation from the development standard does not raise any matters of
significance for State or regional environmental planning. The strict adherence
to the numerical standard will not be necessary, in this case, for maintaining
the low to medium density housing forms in the locality, including dwelling
houses and semi-detached housing, and the like, where such development does not
compromise the amenity of surrounding residential areas and is compatible with
the dominant character of existing development.

There would be no public benefit
in maintaining strict adherence to the relevant planning controls in this
instance as the proposal will not adversely affect the amenity of adjoining and
surrounding uses in terms of privacy, solar access, views and visual bulk and
scale impacts and in doing so it would uphold the orderly use and development
of the subject land.

Ways of establishing that
compliance is unreasonable or unnecessary

Preston C J expressed the view
that an objection under SEPP 1 may be well founded and be consistent with the
aims set out in clause 3 of the Policy in a variety of ways:

First

The most commonly invoked
way is to establish that compliance with the development standard is
unreasonable or unnecessary because the objectives of the development
standard are achieved notwithstanding non-compliance with the standard.

The rationale is that
development standards are not ends in themselves but means of achieving ends.
The ends are environmental or planning objectives. If the proposed
development proffers an alternative means of achieving the objective, strict
compliance with the standard would be unnecessary and unreasonable.

Comments:

As discussed above, strict
compliance with the development standard is unreasonable and unnecessary for
the proposal to achieve the objectives of the development standard.

Second

A second way is to establish
that the underlying objective or purpose is not relevant to the development
with the consequence that compliance is unnecessary.

Comments:

The underlying objective or
purpose of the standard is relevant to the subject development.

Third

A third way is to establish
that the underlying objective or purpose would be defeated or thwarted if
compliance was required with the consequence that compliance is unreasonable.

Comments:

Compliance would, in this case,
be unreasonable as the underlying objectives of the standard is achieved.

Fourth

A fourth way is to establish
that the development standard has been virtually abandoned or destroyed by
the Council’s own actions in granting consents departing from the standard
and hence compliance with the standard is unnecessary and unreasonable.

Comments:

The standard has not been
abandoned or discarded by any decision or actions of Council.

Fifth

A fifth way is to establish
that “the zoning of particular land” was “unreasonable or inappropriate” so
that “a development standard appropriate for that zoning was also
unreasonable or unnecessary as it applied to that land” and that “compliance
with the standard in that case would also be unreasonable or unnecessary.

Comments:

The existing Residential 2C
zoning is not considered to be inappropriate for the locality, which is
characterised by low to medium density residential development.

6. Community Consultation

The owners of adjoining and
neighbouring properties were notified of the proposed development in accordance
with the DCP – Public Notification. As a result of this notification, the
following submissions were received and the issues raised discussed below:

1/34-36 Bond Street, Maroubra

2/34-36 Bond Street, Maroubra

5/34-36 Bond Street, Maroubra

6/34-36 Bond Street, Maroubra

7/34-36 Bond Street, Maroubra

8/34-36 Bond Street, Maroubra

9/34-36 Bond Street, Maroubra

11/34-36 Bond Street, Maroubra

1/134 Marine Parade, Maroubra

2/134 Marine Parade, Maroubra

5/45 Bond Street, Maroubra

47 Bond Street, Maroubra

Loss of views

The owners of properties on the
opposite side of Bond Street at No 34-36 Bond Street have raised concerns
regarding loss of views to Maroubra Beach looking south across the subject
site. The affected views from selected objectors’ properties in No 34-36 Bond Street have been inspected and photographed. The applicant has digitised the
proposed building into the affected view corridors obtained from Unit 5 (which
is broadly representative of the view impact from middle level units within No
34-36 Bond Street) and from Unit 9 (which is broadly representative of view
impacts from the upper level units within No 34-36 Bond Street). The view
analysis from these units has been undertaken in Section 9.1.2 below in
accordance with the view loss assessment principles under Tenacity vs Warringah
Council. The analysis essentially indicates that the proposal will result in a
moderate loss of views to the middle and upper levels properties. In addition
to the view loss analysis, the following additional considerations are made in
support of the findings of that assessment:

· The
objectors consultant planner states in relation to the first step of the
planning principles under Tenacity vs Warringah Council that

“The views that are affected by the proposed development include views
of the Pacific Ocean, views of the interface between the Pacific Ocean and Maroubra Beach and views of the Maroubra Surf Life Saving Club. They are partial views
and are considered iconic.”

Step 1 of the
planning principle states clearly that iconic views comprise of views with
valuable icons like the Opera House, the Harbour Bridge or North Heads. In this
context, the view of Maroubra Beach from No 34-36 Bond Street which is already
partially obstructed and filtered by existing development, while significant,
are not considered iconic. The objectors’ consultant planner’s own assessment
that these existing views are partial should lead to the conclusion contained
in Step 1 that “whole views are valued more highly than partial views”
rather than the unlikely assessment that the subject views are iconic. The
expectation to maintain this partial view of Maroubra Beach by denying
redevelopment of the subject site for relatively modest extensions either side
of the existing pitched roof and located below the existing roof ridge is
considered unreasonable. Accordingly, as assessed in the view loss analysis in
Section 9.1.2 below, the view loss generated by the proposed development is
moderate and, therefore, considered reasonable and acceptable given, among
other things, that the affected views are partial and non-iconic.

· The
objectors' consultant planner states in relation to the third step of the
planning principles under Tenacity vs Warringah Council that:

“If the
development is approved it would set a precedent for development of the
adjoining site to the east of the subject site which would result in a loss of
all existing views from the living areas of units in the first floor (of No.
34-36).”

Step 3 of the
planning principles requires an assessment of the extent of the impact of the subject
development and not what may or may not be developed on adjoining sites.
The planning principles do not extend view loss impact analysis to include
speculative scrutiny of the development potential in adjoining sites nor, for
that matter, all other surrounding allotments. The ultimate form of development
on adjoining and neighbouring sites will depend on the design of any new
development and the potential opportunities and constraints that arise from the
particular circumstances of each site and its context. As indicated in the view
loss analysis in Section 9.1.2 below, the extent of the view loss generated by
the proposed development is considered moderate as, qualitatively, it obstructs
an area where the new additional floor extends and fills the
space where the existing roof currently pitches down (see Photos C and D
below). More significantly, wider views of the water, beach and horizon
in the background are retained. Furthermore, the proposal
retains the existing eastern and western building alignments so that the view
of Maroubra Beach and Malabar Headland through existing view corridors between
adjoining buildings is maintained. Additionally,
an equally significant view of the Pacific Ocean to the east is obtained from
all balconies of No 34-36 Bond Street which will not be affected by the
proposed development at all (Photo E).

Loss of privacy

Privacy issues are addressed in
Section 9.1.1 below. The residents of the residential flat building on the
opposite side of Bond Street at No 34-36 Bond Street have raised concerns of
overlooking. The proposal is not considered to result in any loss of privacy to
these objectors because there are no proposed balconies and associated living
rooms facing No 34-36 Bond Street, these being oriented south towards the water
and district views. The proposal instead will have bedrooms facing the street
and the objectors’ properties which are not considered to give rise to
activities that are conducive for overlooking. Furthermore, the separation
distance between the two properties will be in excess of 20m (given the
substantial width of the Bond Street road reserve) which readily achieves the
minimum 10m separation distance under the preferred solution of the DCP –
Multi-unit Housing.

Loss of privacy from the new rear
balconies to the south has also been raised by residents at No. 134 Marine
Parade to the south-east. The proposed balconies are considered reasonable in
relation to the privacy of No. 134 Marine Parade for the following reasons:

§ The balconies will be
located some 35m-40m from the rear yard and building line of No 134 Marine
Parade which is almost 4 times the minimum 10m separation distance required for
privacy under the preferred solution in the DCP – Multi-unit Housing.

§ Any view towards No 134
will be available only at a significantly oblique angle due to the screening
effect of the proposed 1800mm high privacy screens along the western edge of
the rear balconies as well as the thick feature end column on the western
corner of these balconies.

§ It would be unreasonable
to require privacy screens along the southern edge of the proposed rear
balconies as this would severely restrict the amenity of the dwelling units in
terms of access to natural light, cross ventilation and reasonable outlook to
the sea and district.

Approval would set an
undesirable precedent

The planning consultant
representing the objectors at No 34-36 Bond Street states that the proposal
creates an undesirable precedent as the building bulk would be “inconsistent
with the buildings immediately adjoining the subject site”. The buildings
adjacent to the subject site currently comprise a lower and sunken two-storey
residential flat building on the western side at No. 45 Bond Street and

a significantly lower and sunken
dwelling house (currently used as a child care centre) at No 49 Bond Street. These adjoining properties may be subject to more intensive redevelopment in
the future but this is a matter that cannot be definitively considered in this
assessment and any discussion would be purely speculative. This selective
approach of comparing the development to two existing apparently underdeveloped
sites is considered erroneous. The objectors’ consultant fails to state that
Bond Street and nearby streets in the locality have a number of existing
developments with significantly larger building bulk and built form than that
proposed (see Figures 4 to 8 below), including that of the consultant’s clients
at No 34-36 Bond Street, and, that these developments have established the
dominant character in terms of bulk and scale in the street.

Figure 4: Existing bulk
and scale precedent in Bond Street at No 34-36 Bond Street comprising a large
elevated three storey RFB on basement podium.

Figure 5: Existing bulk
and scale precedent in Bond Street at No 34-36 Bond Street (right) comprising a
large elevated three storey RFB on basement podium, and another large part3 and
part 4 storey development directly behind (right) at No. 9-11 Beaumond Avenue.

Figure 6: Another existing
bulk and scale precedent at 33 Bond Street comprising a large three storey RFB
on basement podium

Figure 7: Existing bulk
and scale precedent at 30 Bond Street comprising a large three storey RFB on
basement podium

Accordingly, the proposal is not
considered to set an undesirable precedent for these adjoining sites as the Bond Street and surrounding street, including Marine Parade and Beaumond Avenue, have
visually larger multi-unit residential developments. The proposal is not
considered to result in an undesirable precedent as it has a height, visual
bulk and scale that will be compatible in the existing streetscape while
maintaining the desired future character of built form in the locality.
Additionally, the proposal has a design that incorporates a modern rendered
treatment with functional yet attractive weather protection and design elements
that breaks any perception of visual bulk and scale in the development but also
results in a contemporary and aesthetically pleasing modernised appearance to
the existing building.

Non-compliance with FSR, wall
height and landscaped are controls

Whilst the proposal exceeds the
maximum permissible FSR 0.65:1 with a proposed FSR of 0.99:1 (569.8 m2), and
maximum wall height with a proposed wall height of 11.45m, the proposal will
have a visual bulk and scale that is not considered to be out of character with
the immediate adjoining residential flat buildings along Bond Street and in the
context of the subject site’s location in an area containing a significant
level of medium to high density development. The streetscape perspective shown
in Figure 3 and in the SEPP Objection assessment above confirms this. Furthermore,
while the proposed landscape area of 42% falls short of the minimum 50%
standard, the proposal will increase the landscaped area provision over that
existing on-site with an upgraded and refurbished scheme that will make a positive
contribution to the Bond Street streetscape and locality. Additionally, the
non-compliant proposal is not considered to result in any detrimental impact on
the amenity of adjoining residents in terms of solar access, privacy, views,
visual bulk and scale, and traffic. The objectors focus on the quantitative
nature of the non-compliance in terms of the amount of GFA (195 sqm), building
height above the external wall height standard (1.45m) and shortfall in
landscaping (45.8 sqm) without considering the qualitative merits of the
proposal is terms of the existing streetscape, design and amenity impacts is
considered unreasonable. In this regard, the assessment of the SEPP No 1
Objections lodged in relation to the breach in FSR, building height and
landscaped area shows that it is well founded and strict compliance with the
standard would be unreasonable and unnecessary (see Section 5 above).

The proposal does not address
SEPP 65 – Design Quality of Residential Flat Development requirements.

The relevant section below indicates
that the proposal has been referred to the SEPP 65 Design Review Panel (DRP)
and the recommendations of the DRP have been incorporated in the amended
proposal which have been assessed and found to be reasonable and acceptable. In
particular, the DRP has stated that “the modernising approach to the
aesthetics is generally considered appropriate…” and subject to recommended
amendments “… the proposal is appropriate and has the potential to be a good
development”.

Incorrect depiction of height
difference between the existing and proposed developments

The submitted plans are generally
considered to be reasonable and accurate. The superimposition of the existing
building outline onto the proposed building is reasonably accurate and accords
with the difference shown on survey of the maximum roof ridge RL of the
existing house and the relative levels on the architectural drawings.
Furthermore, RLs of other buildings in the locality have been included in the
submitted survey.

The extent of excavation is
unclear.

As assessed in the relevant
section below, the extent of excavation will be relatively minimal with the
proposed car park to be located on the lowest level of the existing site at the
rear which will extend under the building as an under croft area. Additionally,
the degree of excavation is consistent with the relevant DCP and LEP provisions
for earthworks and will not detrimentally

Stormwater management not
addressed

Conditions to
address stormwater management have been recommended by Council’s Development
Engineer should approval be granted for the DA requiring among other things the
submission of detailed drainage plans prepared by a suitably
qualified Hydraulic Engineer demonstrating compliance with the Building Code of
Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage -
Stormwater Drainage) and the relevant conditions of this development approval.
Furthermore, a condition requiring that only stormwater runoff from the site
(no seepage water) is to be discharged to Council’s kerb and gutter (or
underground drainage system) or to a suitably sized pump out system.

The application does not
address the foreshore scenic protection area in which it is situated

The amended proposal will have an
aesthetic appearance that will not be detrimental to the visual qualities and
amenity of the foreshore. The proposal will improve the appearance of the
existing building to the benefit of visual amenity of the coast primarily by
introducing new façade materials and finishes to replace the old and dated
elements of the existing building and to reflect the coastal environment as
indicated in the submitted materials schedule. Furthermore, the proposed works
are not atypical of the surrounding development in the locality in terms of
style, bulk and scale and external finish. The development is satisfactory with
regard to Clause 29 of RLEP 1998.

Inadequate RLs of the existing
building on the subject site are not shown on the elevations within the
drawings submitted within the application.

The RLs of the existing building
are shown on the survey drawing accompanying the DA and, an assessment of the
architectural elevations indicate that the depiction of the existing building
in this elevation is consistent with these RLs as well as those of other buildings
adjoining the subject site.

The applicant’s SEPP 1
Objection does not indicate view loss as a potential impact.

The applicant’s SEPP 1 Objection
in relation to the variation to external wall height standard refers to view
loss.

7. Technical Officers
Comments

7.1 Building Surveyor

Council’s Building Surveyor
raises no objections to the proposal, subject to standard conditions being
imposed in any consent granted.

7.2 Development Engineers
and Landscape Development Officer

Council’s Development Engineering
Section provides the following comments:

“An
application has been received for alterations and additions to the existing
residential flat building which currently contains 4 x 2 bedroom units with a
narrow side drive servicing 2 single car garages at the rear of the site. The
proposed alterations and additional floor will create a total of 6 x 2 bedroom
units and formalize parking for 7 vehicles (no visitor spaces) & 2 motor
bike spaces.

As previously
advised to the applicant the current side driveway servicing the rear parking
area is considered extremely narrow. The submitted plans show a driveway width
of only 2.153m between the existing building and the western side boundary
(Sheets 04a, 06a & 07a) and a physical inspection by Council’s Development
Engineer has revealed that the internal driveway at its narrowest point is
2.100m.

The report
submitted by Traffix (Traffic & Transport Planners) dated 11/4/2013 notes that
the driveway in its current form “is substantially deficient in respect of
AS2890.1”.

Traffix says
that access by vehicles to the rear of the site be limited to small vehicles
only (as referred to AS2890.1 2004) and that the site be suitably sign posted
as small cars only. Development Engineering notes that in AS2890.1:2004 it
states that “the light car category should now be used as the basis of the
small car space” and that the light car now represents only 35% of the
Australian Fleet and that the width of the small car of 1700mm leaves only
200mm either side of the vehicle at the driveways narrowest point.

Traffix also
in its report included an amended car park layout which shows 7 car spaces and
2 motor cycle spaces. The car spaces will further have to be reduced to 6
spaces as Development Engineering has requested that car space No 2 be deleted
as it blocks pedestrian access along the new walkway at the front of the car
space.

Comment: The Development engineer has advised further in these comments that
the provision of 6 car parking spaces is consider reasonable as the proposal is
for alterations and additions to an existing building where there is currently
no car parking provided such that this deficiency can
be treated as “parking credits” currently enjoyed by the existing premises and
transferable in respect of the proposed alterations/additions.

Development
Engineering does not support the proposed development in relation to the
increased parking demand which can only be provided, maybe , for small vehicles
only which still may increase on-street parking demands in the area should
residents not feel comfortable using the side driveway.

Comment: The proposal is for alterations and additions to an existing
building where the existing western building line cannot be relocated or
rebuilt to accommodate a wider driveway along the western boundary without
demolishing a significant amount, if not the whole, of the existing building.
In this context, the provision of some car parking spaces at the rear, albeit
for small cars, will assist in alleviating car parking demand on Bond Street. Furthermore, the existing building with 4 dwelling units currently has no
on-site car parking so that, in comparison, the addition of only two more
dwelling units but with 6 car parking spaces for small cars, is considered a
positive outcome. Accordingly, the provision of car parking spaces accessible
by small cars in the proposed development is considered reasonable and
acceptable subject to appropriate sign posting and parking management and plan
for future residents of the complex. A condition requiring these measures will
be applied should approval be granted.

Widening
of internal driveway.

The applicant
was previously requested to liaise with the owners of the adjoining property
(No 45) to seek the creation of a right of way so as to increase the width of
the existing driveway width. The applicant has advised in additional
information dated 19/3/2012 that no response has been received from the
correspondence to the adjoining owners and considers it unlikely that the
owner/s would be interested in meeting the needs of No 47.

Car Spaces

The Planning
Officer is advised that car space 2 is not supported as it blokes pedestrian
movements and thus should be deleted from the plans. This would leave a total
of 7 spaces which would allow each unit to have a minimum of 1 allocated car
space.

Parking
Numbers

Considering
there is no formal parking layout for the current development it is believed
that in regards to parking numbers, considering possible credits for the
existing development, the 6 spaces are considered satisfactory (no visitor
spaces – delete car space No 2)

Landscape
Comments

There are no existing trees,
(covered by Council's Tree Preservation Order), that will be affected by this
proposal.

Should the
application be approved the following conditions shall apply:”

8. Relevant Environmental
Planning Instruments

8.1 Randwick Local
Environmental Plan 1998 (Consolidation)

The Randwick
Local Environmental Plan 2012 was gazetted on 15 February 2013. Clause 1.8A of
the RLEP 2012 requires that a development application lodged but not finally
determined prior to the appointed day will continue to be assessed and
determined under the provisions of the Randwick Local Environmental Plan 1998
(Consolidation) that was in force immediately before the commencement of this
plan.

The subject
application was lodged in August 2012, and is therefore subject to the savings
provision. Further, when determining an application to which this clause
applies, the consent authority must have regard to the provisions of this plan
as if it had been exhibited under the Act but had not been made.

It should be
further noted that in the NSWLEC Proceedings for Wang and Anor v Canterbury
City Council [2013] NSWLEC 1098, a DA that is saved by Clause 1.8A of the new
LEP requires no consideration of the new LEP in the assessment of the saved DA.
Notwithstanding this, this assessment has assessed the amended proposal
against the provisions of the Randwick LEP 2012 in Section 8.2 below.

The subject site is zoned 2C
(Residential C Zone) under RLEP 1998 (Consolidation). The proposal is
consistent with the aims of the LEP and the specific objectives of the
Residential C Zone, in that the development will deliver multi-unit housing,
which is compatible with the desirable character for the locality.

The following clauses of RLEP
1998 (Consolidation) are relevant to the proposed development:

The following Clauses of the RLEP
also apply to the proposal:

Clause
20E Landscaped areas

Clause No.

Requirement

Provided

Compliance

20E (2) – Landscaped Area for Zone 2B and 2C

50% of site area (or 287.8 m2)

42% (or 242 m2)

No (SEPP 1 Objection submitted)

31(3) – Landscaped Area over Basement

Max 50% of landscape area requirement

No basement structures proposed

Yes

Clause
20F Floor Space Ratio

Clause No.

Requirement

Provided

Compliance

20F – Floor Space Ratio

0.65:1 (374.14m2)

0.99:1 (569.8m2)

No (SEPP 1 Objection submitted)

Clause 20G Building heights

Clause No.

Requirement

Provided

Compliance

33(1) – Building Height

Max 12m

Max 11.76m (to top of roof slab).

Yes

33(3) – External Wall Height

Max 10m

Max 11.45m (to eaves).

No (SEPP 1 Objection submitted)

The following relevant clauses also
apply to the proposal (and are addressed in detail in Section 11.1 below):

Clause
9 – Objectives

Clause
9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone
objectives prior to determining any DA on land to which the RLEP applies. The
purpose of this Clause is “To require the general aims of this plan and the
specific objectives of each zone to be taken into account in the assessment and
determination of development applications”. With reference to the general
aims, the proposed development will not compromise the aims of the LEP in
relation to aesthetic character, sustainability, environmental qualities and
social amenity of the locality and contribute to the variety of housing types
that does not compromise the amenity of the residential area, consistent with
the zone objectives as detailed under Clause 12 below.

Clause
12 Zone No 2C (Residential C Zone)

The subject site is zoned Residential C under the Randwick
Local Environmental Plan 1998 (RLEP). The proposed development for alterations
and additions to a multi-unit housing building is permissible with Council’s
consent under the zoning provisions applying to the land.

The proposal is also considered to be in general accordance
with the relevant objectives of the Residential 2C Zone, which are:

· To provide for a medium density
residential environment, and

· To maintain the desirable attributes
of established residential areas, and

· To protect the amenity of existing
residents, and

Clause 29 Foreshore
scenic protection area

Clause 29 requires consideration
to be given to the aesthetic appearance of proposed buildings so as to protect
the visual qualities of the foreshore. The proposal will improve the appearance
of the existing building to the benefit of visual amenity of the coast
primarily by introducing new façade materials and finishes to replace the old
and dated elements of the existing building and to reflect the coastal
environment as indicated in the submitted materials schedule. The aesthetic and
urban design qualities of the proposal are satisfactory in its foreshore
setting.

Clause 40 Earthworks

Clause 40 of the Randwick LEP
contains provisions for undertaking of excavation and filling of land. The
proposal will require some minor excavation into the sub-floor of the existing
building at the rear of the subject site to provide more room for undercroft
car parking. The excavation works will be confined to a small section under the
existing building without significantly altering existing levels already achieved
on the site. Therefore the works will not result in any detrimental impact on
the topography of the site; is unlikely to interrupt the drainage patterns of
the site or result in soil instability; and will not adversely impact upon the
scenic quality of the site and locality subject to appropriate drainage and
building conditions should approval be granted. Accordingly, the proposal is
acceptable in relation to the provisions of Clause 40.

8.2 Randwick Local Environmental Plan 2012

The Randwick Local Environmental Plan 2012 is not a matter for
consideration in the assessment of the subject development application under
Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).
Notwithstanding this, a comparison of the proposal has been made below against
the relevant provisions of the RLEP 2012 with the emphasis that this is only
for comparative purposes and that no weight is to be given to this comparison.

Description

Standard

Proposal

Compliance

Zoning:

R3 Medium
Density Residential

Is
development permitted under zoning?

Land use
classified as “residential flat building”

Yes

Floor space
ratio (maximum)

0.9:1

0.97:1
(based on RLEP 2012 definition)

No

Height of
building (maximum)

12m

11.76m

Yes

Lot size (minimum)

Nil

N/A

N/A

Heritage

N/A

N/A

N/A

Foreshore
Scenic Protection

Yes

Proposal
has been designed in accordance with foreshore scenic / coastal qualities.

Yes

8.3 State Environmental Planning Policy No.55 –
Remediation of Land

The site has not been identified
as including any contaminated land or having sustained any previous uses which
may have resulted in contamination.

The proposal is for alterations
and additions to the existing mixed use development and the applicant has
provided a BASIX certificate in accordance with the requirements of the SEPP.
The provision of a certificate indicates that compliance with the current
targets set for energy and water conservation have been met by the development.
The certificate also identifies the measures to be shown on Development
Application plans to ensure these targets are maintained through to
construction. The plans have been checked and they are consistent with the
requirements indicated on the submitted BASIX certificate for DA stage.
Standard conditions of consent requiring the continued compliance of the
development with the SEPP: BASIX have been included in the recommendation
section of this report.

SEPP 65 applies to the proposed
development. The application was referred to the Design Review Panel for advice
in September 2012. The Design Quality Principles stipulated in the SEPP and the
key comments provided by the Panel are addressed as follows:

1. Relationship
to the Context of the Proposal

Small-footprint
two, three and four storey apartment blocks, with some remnant houses,
characterize the locality of the proposed development. The area is very
conveniently located to Maroubra Beach, the recreational spaces of the northern
headland, and public transport. In the Panel’s opinion the proposed development
would be suitable and in scale with its surroundings.

The existing
ground floor is set well below the street, as the site falls away southward to
the rear. The additional storey creates a better scale to the street, and could
be an appropriate model for additions to other under-developed blocks in the
street. This is well illustrated in the long street elevation submitted, and
the wide-angle montage. Both demonstrate that the additional storey is an
improvement, while the overall height remains lower that both Council’s overall
and wall height control, and indeed the existing ridge height. If anything, the
proposal would benefit from more height to the street, which would give more
presence.

2. The
Built Form of the Proposal

The site
slopes slightly from the street frontage. The existing ground floor units are
approximately 1 metre below street level. The existing narrow driveway on the
western boundary is maintained, accessing a slightly increased car park on the
lower, rear garden level. There is also an existing undercroft on this level.

The ground
and first floors adapt the existing footprint, adding an extension to the rear
with enlarges the living rooms and new large balconies, which face south-west
towards the beach. The existing entry stairs are retained, and extended to
serve a new second floor which has 2 x 2 bedroom units, matched the altered
footprint below.

The built
form is generally satisfactory, however the Panel considers that the following
issues can readily be improved:

§ The front and side
setbacks are as existing. Minor additions to the street façade are considered
acceptable, while the extensions to the rear are more set in from the side
boundaries

§ The generous rear
setback, even with the additions is considered a positive. This area is all
deep soil, allowing appropriate planting

§ Weather protection
and sun shading appropriate to orientation has been provided on the north face,
however could be added to the north-west elevation

§ The ground floor
north-eastern façade should have full height doors, with operable toplight
windows to provide ventilation, light and security

§ The hoods over the
openings on the street facade should be regularized, rather than the
over-complicated arrangement shown in the drawings. The façade should be
primarily in one plane – the small steps add nothing

§ The entry hood
should be more generous, and could be set at first floor balustrade level to
give it greater differentiation

§ Consideration should
be given to rebuilding the first flight of the common stair as a straight run
stair, which would avoid entering into the soffit / low landing as currently.
The front door could be moved outward. This would also allow an internal stair
to connect down to the undercroft, with much more convenient undercover access
to the parking

§ Similarly the column
structure and the screening on the south façade should be made more rational.
Currently the applied columns to Level 2 slab seem poorly related to the form

§ All high level
windows should be operable in part to aid air movement by stack effect

§ Built-in wardrobes
should be indicated in all bedrooms

§ The depth shown for
the roof form is not adequate. The flat roof still needs adequate falls and
insulation. The water management (gutters and downpipes) should be shown on the
drawings. Are the downpipes internal or exposed? How do the gutters on such a
flat roof work?

§ Roof lights /
skylights on the new top floor over the following areas should be considered;
above top landing of the stairs outside and inside the front doors

§ The proposed privacy
screens / obscure glass on the side of the balconies and kitchen windows
prevent overlooking while allowing ventilation

§ The existing and new
windows facing into neighbouring properties are proposed to be treated to avoid
overlooking problems

§ The garbage area
would be better relocated away from the street front to the undercroft. This
would significantly improve the privacy and amenity of the ground floor unit

§ The top level south
facing balcony should have some roof cover or an operable roof (Vergola or
similar) opening to the north

§ The structure for
the car park should be checked for impacts on head heights

Comment: The applicant’s consultant planner has provided advice in a letter
dated 19 March 2013 that all the above-listed requirements have been satisfied
in the amended proposal which has been assessed and verified.

3. Scale

See above.

The scale of
the proposal is suitable in the location.

4. The
Proposed Density

The proposed
density is reasonable in this location. The area is extremely well serviced for
recreational open space and access to public transport, shops and amenities is
good.

5. Resource
and Energy Use and Water Efficient

All units
would enjoy good cross ventilation; solar protection of windows is provided -
however some windows may need more. Awning windows and fixed glass do not
assist with cross ventilation well and alternatives should be investigated.

Ceiling fans
should be provided in bedrooms and marked on the plans.

Comment: The amended proposal shows all windows as operable to achieve a
higher standard of cross ventilation. As indicated in the letter to Council
dated 19 March 2013, new vitra panel window surrounds are proposed on main
windows, to provide additional solar control. The amended plans also indicate
that ceiling fans will be provided to all bedrooms.

6. The Proposed
Landscape

A general landscape
layout is indicated on the architectural drawings, however the landscape design
should look at the possibility of providing more useable spaces rather than
dividing areas into smaller planter beds. The large trees proposed at front and
rear gardens are supported.

Planting should be
designed to enhance privacy between neighbours. A communal clothesline could be
provided at the rear.

The proposed
planter on the street façade is of dubious value, very difficult to maintain
and only serves to complicate the façade design. The Panel suggests that it
should be removed and the façade simplified as recommended below.

Comment: The amended proposal shows the proposed planter on the street
façade deleted and the façade simplified as recommended. Notwithstanding this,
a condition will be applied requiring the applicant to further refine the use
of external blinds in the façade including alternatives that allow for more
articulation and modulation in the external façade. A landscape plan has been
lodged with the DA prepared by Greenplan which provides a suitable level of
landscaping to soften and screen the proposed building while enhancing the
visual amenity to neighbouring properties and the streetscape.

7. The
Amenity of the Proposal for its Users

The planning of the
units is good and in the opinion of the Panel they would offer appropriate
amenity.

The kitchens appear to
be overly large – the island bench could stop short of the wall, and the fridge
could be inset into the laundry.

The opportunity to
improve access from the parking area and rear garden by providing a stair down
to the basement level (under the existing stair) from the entry lobby could be
investigated. The door swung on the other side of the lobby and/or extending
the lobby to towards the street would make this possible.

Comment: The amended proposal shows the kitchen island bench shortened to
permit circulation around both ends; and provision of a new stair between
ground and lower ground floor levels as recommended

8. The
Safety and Security Characteristics of the Proposal

Independent
BCA advice should be sought in relation to access, structural adequacy and
separation, fire protection of openings, and the like. BCA upgrading notes
should be provided on the drawings throughout (they are shown on the
elevations).

Comment: Conditions will be applied requiring compliance with the BCA.

9. Social
issues

This is a
good use of this site.

10. The
Aesthetics of the Proposal

The
modernizing approach to the aesthetics is generally considered appropriate,
however there are some issues that have been discussed under 2. Built Form.
The Panel considers that the treatment of the facades in what is after all
quite a small building could usefully be simplified, rather than the confusion
of small scale moves. This is particularly apparent on the large scale sections
provided (in themselves a good thing) of the street façade – the multiple steps
in plan and section (in particular) are unnecessary, as is the rather inaccessible
planter on the street facade at level 2.

Comment: As indicated above, the changes required by the DRP have been
incorporated in the amended proposal. Notwithstanding this, a condition will be
applied requiring the applicant to further refine the use of external blinds in
the façade including alternatives that allow for more articulation and
modulation in the external façade. This will assist in further improving the
aesthetic of the building and reducing the perception of visual bulk and scale
in the building.

SUMMARY AND RECOMMENDATIONS

The proposal is appropriate
and has the potential to be a good development. If the issues raised in this
report are addressed to the Council planner's
satisfaction, the Panel will not need to review this application again.

In view of the amendments to the
proposal as discussed above, the proposal is considered satisfactory in
relation to design and meets the design principles of SEPP 65.

The existing
residential flat building, currently, is not strata sub-divided and contains
rental apartments. Clause 50 1) of the SEPP states that a person
must not, among other things, alter or add to the structure or fabric of the
inside or outside of a building except with development consent that has been
determined with reference to, among other things, whether, there is likely to
be a reduction in affordable housing on the subject land.

Clause 49(1) states that a
building is a low-rental residential building if it contains a low-rental
dwelling as at 28 September 2000. The applicant has provided the following
information to indicate that there are no low-rental
dwellings in the existing building:

· A statutory declaration from the previous managing agent
for the subject property stating that rental dwelling units were rented for
amounts in excess of $310.00 per week during the period September 1998 to
September 2000, which were above the median rent levels for 2 bedroom units in
the Randwick LGA during the two years prior to 28 September 2000.

· Rental
details from July 2009, following the purchase of the existing premises by the
current owners of the subject site, indicating that current rent levels for
rental units within the premises continue to exceed the median rents for 2
bedroom units in the Randwick LGA for the corresponding periods.

Accordingly,
in this instance, it is considered that the applicant
has indicated that there are no low-rental dwellings in the building which will
be affected by the proposed alterations and additions. Given the
definition of the building as outlined in Part 3 of the SEPP, the alteration
and addition is not required to be assessed against Clause 50.

9. Policy Controls

9.1 Randwick Development
Control Plan – Multi Unit Housing

The table below assesses the proposal against the Preferred
Solutions of the DCP – Multi-unit housing, and where variations occur,
assessment is made against the relevant Objectives and Performance
Requirements.

P2 Development sites have appropriate areas/ dimensions to
allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least
20m.

The proposal does not seek to significantly alter the
existing footprint and siting of the approved building but only to extend the
building southwards while adding a new upper level. The amended proposal will
be sited satisfactorily in relation to the subject site and is considered to
appropriately address the street frontage.

P3 Development on corner sites responds to both street
frontages.

Not applicable

Height

P1 Heights of walls, their
location and orientation do not cause substantial adverse impacts on
streetscape or adjoining properties.

The proposal complies with the maximum 12m building height
standard under the RLEP 1998. The application is accompanied by a SEPP 1
Objection to the maximum 10m external wall height standard which has been
assessed and found to be reasonable and well-founded. In this assessment,
amongst other things, the location and orientation of the proposed building
will not cause substantial adverse impacts on streetscape or adjoining
properties.

P2 Variations in massing and
height create visual interest, distribute the bulk of the building.

g and minimise amenity impacts
on the streetscape and adjoining properties.

The amended proposal has distributed the additional floor
area in moderately restrained extensions to the rear and a compact additional
new upper floor which will be lower in height than the pitch roof of the
existing building.

Therefore the proposal will minimise overall amenity
impacts on adjoining properties, and provide consistency in scale to the
streetscape, as well as provide adequate visual interest in terms of
articulation and façade treatment.

Building Setbacks

P1 Front boundary setbacks

The front setback consistent with streetscape /adjoining
dwelling.

Front setback of min. 6.2m remains unchanged and,
therefore, retains consistency with those of adjoining properties on either
side.

P2 Side boundary setbacks

Side setbacks to ensure:

· Solar access maintained and
overshadowing minimised.

· Privacy between adjoining
dwellings and open spaces.

· Landscaping and private
open space provided.

· Streetscape amenity is
maintained.

S2 Zone
2c

o No
part closer than 3.5 metres.

o Minimum
average setback 5 metres.

o Maximum
length of wall without articulation is 10 metres.

o Minimum
length of any step is 3 metres.

East
& West

o No –
the proposal has a min 2.1m setback to the western boundary min 1.3m setback
to eastern boundary.

o Yes –
no wall without articulation exceeds 10m length.

o Yes –
approx 1m (min) step

The proposal
is for alterations and additions to the existing building which currently has
setbacks that are less than the preferred solution control. The retention of
the existing setbacks is integral to the proposed alterations and additions
if the building is not to be demolished and rebuilt. Notwithstanding this,
the proposal achieves the performance requirements of the control in that :

· The
proposed side setbacks are consistent with the character of the streetscape
which is generally characterised by 3 to 4 storey residential flat
developments, a number of which are on narrow lots with similar close
setbacks so that streetscape amenity is maintained.

· solar
access and privacy are adequately maintained between adjoining dwellings and
to adjoining open spaces

(through
the orientation of window openings north and south) and the use of privacy
screens on side elevations.

· Landscaping and private
open space is adequately provided in the proposed development.

P3 Rear Boundary Setbacks

· solar access and
overshadowing are minimised.

· Privacy between
neighbouring dwellings and their open spaces provided.

No adverse impacts on adjoining
properties arising from eaves, window hoods and other sun-shading or weather
protection

Density

P1 Building bulk compatible with surrounding built forms
and minimises impact on nearby buildings, open spaces and the streetscape.

The bulk and scale of the
proposed building when viewed from adjoining public spaces, streetscape and
private properties is visually compatible with existing 3-4 storey RFBs along
Bond Street, Beaumond Avenue and nearby Marine Parade and surrounding
properties.

Yes - the proposed front fence has
a 900mm masonry base with the remaining upper part comprising open metal
screening elements to maximum 1.8m. It will not detract from the appearance
of either the proposed development or streetscape overall. The proposal
maintains an open appearance which will be sympathetic to the surrounding
foreshore area as well as to the visual amenity of surrounding properties.

P2 Areas around multi-unit buildings are communal open
space and not divided up for allocation to individual units.

Yes – generous rear communal open space is provided.

P3 Private Open Space

Provides privacy for its users, is readily accessible, and
provides opportunities for outdoor recreation / living.

Yes – for ground floor units private open space in the
form of front courtyards and rear south-facing balconies for all dwelling
units will be provided, all of which will provide privacy and will be readily
accessible for opportunities for outdoor recreation / living.

P4 Private open space in front of the building only where
setback and fence design sympathetic.

N.A. – private open space in front of the building will be
complemented by a suitably designed fence (see Fences above).

P5 Townhouses

Each dwelling is provided with an area of useable private
open space or courtyard area, at ground or podium level.

S5 Minimum area of 25m2 and a minimum dimension
of 3 x 4 metres.

N/A

P6 Flats and apartments

Each dwelling has direct access to an area of private open
space.

S6 Minimum of 8 m2 and minimum dimension of 2
metres.

Ground floor apartments will have ground level open space
while apartments above will be provided with balconies.

Privacy

P1 Visual Privacy

Windows and balconies of main living areas are located to
avoid overlooking windows in adjoining dwellings and private open space.

P1 Design and location of buildings considers surroundings
for assessing impact on views.

Yes (see Section 9.1.2 below)

P2 Development minimises effects on views and shows how
view loss is minimised.

As above

P3 Buildings are aligned to maximise view corridors
between buildings.

The proposal retrains the existing eastern and western
building alignments so that the view of Maroubra Beach and Malabar Headland
through the existing view corridors between adjoining buildings is
maintained.

S4 Driveways have a minimum width of 3 metres and is at
least 1 metre from any side or rear fence.

See Development Engineers comments in Section 6 above.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Yes

P6 Driveway gradients safe.

S6 Driveway gradients do not exceed 1 in 6 or 1 in 5 for
ramps over 20m.

Yes

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling.
Minimum clearance height of 2.1m. At least 50% of storage space is within
dwelling and is readily accessible from either the hallway or main living
area. Storage facilities may be in basement areas, or attached to garages.

Yes – Accessible and separate storage available internally
within units.

Barrier-free access

Access for people with a disability is provided to and
within one dwelling at the following rate:

The proposal
performs adequately in relation to maintaining the privacy of adjoining properties
in that:

· South-facing
rear balconies will be located at a distance well in excess of minimum 10m
preferred solution to the closest adjoining residential flat building at 130A
Marine Parade as well as other adjoining RFBs in Marine Parade which is
adequate to mitigate any potential loss of privacy to these flats.

· Proposed
1.8m high privacy screen on the eastern and western edge of all rear balconies
will screen overlooking into the rear yard of the adjoining eastern property at
No 49 Bond Street and into the east-facing windows of the adjoining western
property at No 45 Bond Street.

· All
north-facing window openings are linked to bedrooms, which are not considered
to be conducive to, nor significant sources of, overlooking. These windows also
face Bond Street and are located in excess of 20m from the property on the
opposite side of Bond Street being No. 34-36 Bond Street.

· Minimal
new window openings are proposed on the east and west elevations of the
existing building so that the privacy impacts to the adjoining side properties
will remain the same as the current situation.

· The
east and west facing openings of the new upper floor addition will be subject
to a condition requiring the following conditions to limit overlooking of
adjoining properties:

· The east and west facing windows directly adjacent to the
living rooms of the respective dwelling units in the new upper floor addition
will be required to be high sill windows by way of condition should approval be
granted.

Overall, the
proposal will be acceptable in terms of privacy for the reasons discussed
above.

9.1.2 View impacts

Section 4.3.1 of the DCP – Multi
Unit Housing provides the following objective with regard to view sharing:

1.“Minimise the obstruction of views by new development from
adjoining buildings and public spaces.”

The performance requirements in
relation to view sharing are:

P1 The existing design and location of buildings takes
existing topography, vegetation and surrounding development into account as a
basis for assessing effect on view;

P2 Development minimises effects on views and demonstrates
steps that have been taken to mitigate view loss, in particular view loss of
significant features such as the ocean, coastline, nearby open space areas and
significant landmarks or buildings; and

P3 Buildings and dwellings are aligned to maximise view
corridors between buildings.

Concerns in
relation to view impacts have been raised by residents at No. 34-36 Bond Street,
on the opposite side of Bond Street, which comprises a 3 storey residential
flat building containing elevated dwelling units. It is the mid-level and upper
level units with front balconies facing south that currently enjoy distant and
partially filtered views of Maroubra Beach and district views of Malabar
Headland in the background to the south and southeast.

A site
inspection was undertaken of the property at No. 34-36, namely at Unit 5 (being
a unit directly facing the subject site at mid-level and representative of the
view loss of south-facing units at this level) and Unit 9 (being a unit
directly facing the subject site at top level and representative of the view
loss of south-facing units at this level). It is considered that the units at
middle and top level of No. 34-36 Bond Street are potentially affected by view
loss. These units have balconies and living room windows setback about 4.5m
from the common boundary of the subject site. The ground floor units have
limited views due to their lower elevation relative to intervening development
in the locality and therefore are not included in the assessment. The
objector's consultant planning submission also focuses on the potential view
impacts on the middle and top level units.

Step 1- The first step is the
assessment of views to be affected. Water views are valued more highly than
land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued
more highly than partial views, eg a water view in which the interface between
land and water is visible is more valuable than one in which it is obscured.

Unit 5
(mid-level/1st Floor)

The views are
generally distant, partial and filtered views of Maroubra Beach to the south interrupted by intervening development
in the foreground. There are distant partial views of Malabar Headland in the
background. Having regard to Senior Commissioner Roseth’s comments
regarding “iconic views”, this view does not qualify as iconic but can be
rated as moderately significant because of the land and sea interface
comprising Maroubra Beach as well as Malabar Headland. The portion of views
that will be affected is secondary to the larger beach, sea and headland view
that will be retained and remain unaffected by the proposed development (see
Photo A below).

Unit 9
(top-level/2nd Floor)

The views are
generally distant and partially filtered views of Maroubra Beach to the south interrupted by intervening development
in the foreground. There are distant partial views of Malabar Headland in the
background. Having regard to Senior Commissioner Roseth’s comments
regarding “iconic views”, this view does not qualify as iconic but can
be rated as moderately significant because of the land and sea interface
comprising Maroubra Beach as well as Malabar Headland. The portion of views
that will be affected is secondary to the larger beach, sea and headland view
that will be retained and remain unaffected by the proposed development (see
Photo B below).

Photo A – View
from the front balcony of unit 5 (mid-level/1st Floor) at No. 34-36 Bond Street looking south over the subject site

Step 2 - The second step is to consider from what part of the property the
views are obtained. For example the protection of views across side boundaries
is more difficult than the protection of views from front and rear boundaries.
In addition, whether the view is enjoyed from a standing or sitting position
may also be relevant. Sitting views are more difficult to protect than standing
views. The expectation to retain side views and sitting views is often
unrealistic.

Unit 5
(mid-level/1st Floor)

The view is across
the front boundary of the site. The views are from a standing position from the
balcony linked to a living room. The views are enjoyed by the affected property
largely because of the existing high level of the dwelling units on an elevated
site relative to other developments on the lower southern side of Bond Street. The view from the living room both seated and standing is constrained by its
orientation and depth within the unit as well as the layout of the kitchen.

Unit 9 (top-level/2nd Floor)

The view is across
the front boundary of the site. The views are from a standing position from the
balcony linked to a living room. The views are enjoyed by the affected property
largely because of the existing high level of the dwelling units on an elevated
site relative to other developments on the lower southern side of Bond Street. The view from the living room both seated and standing is constrained by its
orientation and deep recessed location within the unit as well as the layout of
the kitchen and the use of solid balustrades in some areas.

Step 3 - The third step is to assess the extent of the impact. This should
be done for the whole of the property, not just for the view that is affected.
The impact on views from living areas is more significant than from bedrooms or
service areas (though views from kitchens are highly valued because people
spend so much time in them). The impact may be assessed quantitatively, but in
many cases this can be meaningless. For example, it is unhelpful to say that
the view loss is 20% if it includes one of the sails of the Opera House. It is
usually more useful to assess the view loss qualitatively as negligible, minor,
moderate, severe or devastating.

The applicant has digitised the
envelope of the proposed building into the view from Units 5 and 9 of No 34-36 Bond Street, as shown in Photos C and D below.

Unit 5
(mid-level/1st Floor)

Photo C
indicates that the only view loss that to Unit 5 will occur where the proposed
additional top floor level extends and fills the space where the existing roof
currently pitches down as shown in Photo D. Qualitatively, this view loss is
considered moderate given that the wider views of the water, beach and
horizon behind are retained. It should be noted that a significant amount of
existing water view is already obstructed by the existing building on the
subject site and other existing buildings to the east and west of the subject
site. Additionally, an equally significant view of
the Pacific Ocean to the east is obtained from the same balcony which will not
be affected by the proposed development at all. As such, and having
regard to the considerations in Steps 1, 2 and 4, the view loss is considered
minor.

Photo C:
View loss to Unit 5.

Unit 9
(top-level/2nd Floor)

The proposed
first floor addition will have a maximum roof height of RL 24.73 which is 0.17m
lower than the highest point of the existing dwelling house on the subject site
(RL 24.90). The balcony at unit 9 is at RL 25.74 which is 1.01m above the
height of the proposed roof line. However, the standing eye level (1.6m) is RL
27.34m which is above the proposed maximum roof RL. Therefore, there will be
minimal view impact in terms of the absolute height of the building. The only
view loss occurs where the proposed additional top floor level extends and
fills the space where the existing roof currently pitches down as shown in
Photo D. Qualitatively, this view loss is considered moderate given that
the wider views of the water, beach and horizon behind are retained (see Step 4
below). It should be noted that a significant amount of existing water view is
already obstructed by the existing building on-the subject site and other
existing buildings to the east and west of the subject site. Additionally, an equally significant view of the Pacific Ocean to the east is obtained from the same balcony which will not be affected by
the proposed development at all. As such, and having regard to the
considerations in Steps 1, 2 and 4, the view loss is considered minor.

Photo D: View loss to Unit 9

Step 4 - The fourth step is to assess the reasonableness of the proposal
that is causing the impact. A development that complies with all planning
controls would be considered more reasonable than one that breaches them. Where
an impact on views arises as a result of non-compliance with one or more
planning controls, even a moderate impact may be considered unreasonable. With
a complying proposal, the question should be asked whether a more skillful
design could provide the applicant with the same development potential and
amenity and reduce the impact on the views of neighbours. If the answer to that
question is no, then the view impact of a complying development would probably
be considered acceptable and the view sharing reasonable.

In terms of
built form, the proposal does not comply with the maximum FSR and external wall
height standards of the Randwick LEP 2008. The question therefore arises as to
whether there are any view loss impacts arising from the non-compliance and
whether the impacts are reasonable.

The applicant has digitised the
envelope of the proposed building into the view from Units 5 and 9 of No 34-36 Bond Street, as shown in Photos C and D above. While the proposal has
a non-complying FSR, the proposal complies with the maximum building height of
12m. Accordingly, notwithstanding the non-compliant FSR, no view loss will
occur physically as a result of an increased building height above the maximum
allowable with the proposal, in fact, being lower. However, while there is a
non-compliance in external wall height, this is restricted to the rear section
of the proposed building (where the subject site slopes down significantly)
with the new additional level compliant with the wall height standard at the
street front. The non-compliant section of the upper floor addition will
occur on the south elevation of the proposed building which faces the ocean and
is hidden and obscured by the compliant front section of the proposed building
itself. As such, when viewed from Unit 5 and similar dwelling
units that front and face the subject site directly on both the middle and top
level of No.34-36 Bond Street, the part of the building that causes the view
loss impact will be wholly compliant with the maximum 12m building and maximum
10m wall height. As indicated in Step 3 above, this view loss comprises a small
view of Maroubra Beach on either side of the existing pitch roof which will be
occupied by the new upper floor (Photo C). The minor and small area of view
loss generated by a compliant front section is considered reasonable especially
given the extensive beach, land and sea interface views, as well as distant
district views that will still be retained and untouched by the proposed
development (see Photo E). In this context, the objectors’ claim of view
loss is considered unwarranted and unjustified, and not supported.

Photo E: Ocean views that will be remain unobstructed by the proposal for
middle level units at No 34-36 Bond Street.

When the
proposal is viewed slightly “side-on” from unit 9 and similar dwelling units
located obliquely to the east of the subject site on the middle and top level of
No.34-36 Bond Street, the rear section of the proposed building that will be
non-compliant with the 10m wall height will be visible. However, the view loss
caused by this limited non-compliant rear section is negligible and only
comprises a small view of Maroubra Beach (Figure D) such that the loss is
considered moderate especially relative to the significant extensive beach,
land and sea interface views, as well as distant district views, that will
still be retained and untouched by the proposed development (see Photo F). In
this context, the objectors’ claim of view loss is considered unwarranted and
unjustified, and not supported.

Photo F: Ocean views that will be remain unobstructed by the proposal for
upper level units at No 34-36 Bond Street.

In summary, based on the above analysis, it is anticipated
that the proposed development will not result in any significant and
unreasonable impact on the views obtained from the middle and top floors of No 34-36 Bond Street. The proposed development, in relation to the height of surrounding
buildings is reasonable and is significantly lower than that of other
development in Bond Street. The proposal responds to the topography of the
street and adopts a modest scale for the upper floor addition, effectively
minimising the impact to views obtained from surrounding properties. The
development will not constitute a dominant built form and surrounding areas
will continue to enjoy distant views to Maroubra Beach and Malabar Headland.
These views in question are not considered to be iconic in nature having regard
to the planning principle.

9.1.3 Sunlight

Shadow
diagrams submitted with application indicate that, at 9am, the proposal’s upper
level addition will overshadow the following properties:

§ The
western section of the north-facing wall of the adjoining southern property
containing north-facing habitable room windows at No 130A Marine Parade will be
covered by the additional shadow generated by the proposed upper level
addition.

§ The
eastern section of the north-facing wall of the adjoining southern property
containing north-facing habitable room windows at No 132 Marine Parade will be
covered by the additional shadow generated by the proposed upper level
addition.

By 12 noon
the above adjoining properties will be free from overshadowing by the proposal
with the proposed shadows shifting to the western section of the north-facing
wall of the adjoining south-eastern property at No 130B Marine Parade as well
as a small section of the rear yard of this property. Also at 12 noon, the
proposal will cast a shadow on the west-facing wall of the adjoining eastern
property at No. 49 Bond Street. However, this shadow will overlap the shadow of
that the existing residential flat building already casts on this adjoining
property.

By 3:00pm,
No. 130B Marine Parade will be free from overshadowing by the proposed
development with the proposal’s shadow now shifting to limited portions of the
rear yard of No. 49 Bond Street and front yard of No. 128 Marine Parade. The
proposal will also continue to overshadow the west-facing wall of the adjoining
eastern property at No. 49 Bond Street. However, as is the case at 12 noon,
this shadow largely overlaps the shadow that the existing residential flat
building already casts on this adjoining property.

In summary,
the proposal will not result in any adverse overshadowing impacts on adjoining
properties as the overshadowing impact is distributed fairly amongst different
properties over the course of the winter day with the exception of the
adjoining eastern property at No. 49 Bond Street which will be overshadowed
from 12 noon to 3:00pm. However, this overshadowing impact on No. 49 Bond Street is considered reasonable and acceptable for the following reasons:

§ It
coincides with the shadow already casted by the existing residential flat
building on this adjoining property

§ No 49
Bond Street is currently located in a significantly low/sunken position
relative to No. 49 Bond Street so that even the impact of the existing
residential flat building is already quite significant which as indicated above
will be largely overlapped by the proposed shadows with no significant
increase.

§ The
proposed overshadowing impact should not be seen as a reason for refusing this
proposal as the impact is a direct and natural consequence of the orientation
and topography of the site rather than an indication of an inappropriate
design.

§ There
is a reasonable scope for No 49 Bond Street Bond Street to be redeveloped to an
increased density and height in the future under the current provisions of the
Randwick LEP 2012 given the R3 zoning that would counteract the existing
overshadowing impacts of both the existing RFB and proposed development.

§ It is
expected that a building with a fully compliant wall height on the subject site
would have a similar overshadowing impact as the proposed development, that is,
it would overshadow the adjoining southern properties to less the than the
minimum 3 hours winter solar access requirement.

9.2 Development Control
Plan – Parking

The DCP – Parking requires,
amongst other things, car parking to be provided for multi-unit residential
development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3
bedroom dwelling and 1 visitor space per 4 dwelling units. The car parking
requirement as per Council’s DCP – Parking will now be as follows:

Compliance with DCP – Parking

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

1 space per one bedroom dwelling

Nil

Nil

6 car spaces

1.2 spaces per two bedroom dwelling

6 x six bedroom dwellings

7.2 spaces

1.5 spaces per two bedroom dwelling

Nil

Nil

Visitor:

1 space per 4 units

Total dwellings = 6

2 space

TOTAL

9 spaces

3 spaces shortfall

The proposal has a shortfall of 3
car parking spaces, and the applicant has provided a Traffic and Parking Report
in support of the shortfall in car parking which has been assessed and the
shortfall is considered reasonable and acceptable having regard to the
following:

· The shortfall is
considered minor, amounting to 3 car spaces, and given that the proposal is for alterations and additions to an existing building
where there is currently no car parking provided, this
deficiency can be treated as “parking credits”.

· The shortfall relating
to visitor parking amounting to 2 car space is minor and can be addressed by
the fact that the site is located adjacent to good public transport with
regular and frequent bus routes along Marine Parade.

· There is no scope to
provide additional parking on the site without a complete knockdown and rebuild
of the existing building to provide for a basement car park.

9.3 Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective
from 2 July 2007, is applicable to the proposal. In accordance with the Plan,
the following monetary levy is required:

Category

Cost

Applicable Levy

S94A Levy

Development
Cost more than $200,000

$ 1,027,650

1%

$10,276.50

10. Environmental Assessment

The site has been inspected and the application has been
assessed having regard to Section 79C of the Environmental Planning and
Assessment Act, 1979, as amended.

Clause 7 of the EP&A Regulation 2000 requires the
consent authority to consider the provisions of the Building Code of
Australia. Accordingly, appropriate conditions of consent are recommended for
imposition should this application be considered suitable for approval.

Clause 92 of the Regulation requires the consent authority
to consider relevant Australian Standards relating to demolition of
structures. Accordingly, a specific condition is recommended for imposition
to require compliance with Australian Standard 2601.

Clause 93 of the Regulation requires the consent authority
to consider the structural capacity and fire safety aspects of a building.
Accordingly, appropriate conditions are recommended to address the above
matters.

Section 79C(1)(b) – The likely impacts of the development,
including environmental impacts on the natural and built environment and
social and economic impacts in the locality

The proposal will have minimal environmental impacts on
the natural and built environment as the subject site and its surrounds are
built up and do not contain any natural habitat for flora or fauna.

The proposal does not give rise to unreasonable impacts
upon the amenity of the surrounding properties in terms of visual bulk and
scale, view loss, solar access and privacy.

The proposed development is consistent with the
predominant residential land uses in the locality. The proposal is not
considered to result in detrimental social or economic impacts on the
locality.

Section 79C(1)(c) – The suitability of the site for the
development

The subject site is zoned
Residential 2C under the Randwick LEP 2008. The subject site is therefore
suitable for the proposed medium density residential development whilst
retaining the existing and desired future character of the locality. The site
is well located in relation to the Coogee, Bondi Junction, Randwick and the
CBD with public bus services available in the immediate locality. The site
has sufficient area to accommodate the proposed land uses and structures.
Therefore, the site is considered suitable for the proposed development.

Section 79C(1)(d) – Any submissions made in accordance
with the EP&A Act or EP&A Regulation

The issues raised in the submission have been addressed in
this report.

Section 79C(1)(e) – The public interest

The proposal is not considered to result in significant
adverse environmental, social or economic impacts on the locality.
Accordingly, the proposal is considered satisfactory in public interest
terms.

Relationship to City Plan

The relationship with the City
Plan is as follows:

Outcome 4: Excellence in urban design and development.

Direction 4a:
Improved design and sustainability across all development.

Conclusion

The proposal is permissible with
the consent of Council on the subject site. The proposal does not comply with
the maximum FSR, maximum external wall height and minimum landscaped area
standards contained in the RLEP 1998 (Consolidation). SEPP No.1 objections in
relation to these variations have been submitted with the application and
considered to be well founded in the circumstances. The breaches in the
standards do not give rise to unreasonable impacts upon the amenity of the
surrounding properties in terms of visual bulk and scale, view sharing, solar
access and privacy. Additionally, the resultant height, bulk and scale of the
proposed development will match the form, proportion and style of the existing
building and remain consistent with the existing scale and character of
development in the immediate streetscape along Bond Street.

The proposal achieves the
relevant preferred solutions and performance requirements in the DCP -
Multi-unit Housing (with the exception of FSR, wall height and landscape area
standards which have been addressed in the SEPP 1 objection).

The shortfall in the numerical
car parking requirement of the DCP – Parking has been adequately justified in
relevant sections of this report.

The proportions, massing,
colours, materials and finishes proposed are considered to be satisfactory and
the amended proposal containing these features is supported by the SEPP 65
Design Review Panel has advised that the basic design concept of the proposal
is supported subject to recommended amendments. These amendments have been
undertaken in the amended proposal. Accordingly, the design carries
satisfactory architectural merits and will be sympathetic to the established
character of the existing streetscape as well as to the foreshore scenic
protection area.

The proposal will not have a
significant impact on the amenity of surrounding properties in terms of visual
bulk and scale, solar access, privacy and views.

The recommendation is for approval of the application
subject to conditions.

Recommendation

A. That Council support the objections under State Environmental
Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20E, 20F
and Clause 20G of the Randwick Local Environmental Plan 1998 (Consolidation),
relating to minimum landscape area, maximum floor space ratio and maximum
external wall height, on the grounds that the proposed development is
consistent with the relevant objectives of the clauses and will not adversely
affect the amenity of the surrounding locality and that the Department of
Planning be advised accordingly.

B. That Council, as the consent authority, grants development
consent under Sections 80 and 80A of the Environmental Planning and
Assessment Act 1979, as amended, to Development Application No. 504/2012 for
alterations to the existing multi-unit residential building
including additional floor resulting in 6 units over 3 levels with
semi-basement and ground level carparking for 6 vehiclesat No. 47 Bond Street, Maroubra, subject to the following
conditions:

DEVELOPMENT
CONSENT CONDITIONS

GENERAL CONDITIONS

The development must be carried out in
accordance with the following conditions of consent.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of environmental amenity.

Approved Plans & Supporting Documentation

1. The development must be implemented
substantially in accordance with the plans and supporting documentation
listed below and endorsed with Council’s approved stamp, except where amended
by Council in red and/or by other conditions of this consent:

Plan Number / Title

Dated

Received

Prepared By

01A (Rev B)

19-03-13

19-03-2013

Arkivis

03A (Rev B)

19-03-13

19-03-2013

05A (Rev B)

19-03-13

19-03-2013

06A (Rev B)

19-03-13

19-03-2013

07A (Rev B)

19-03-13

19-03-2013

08A (Rev B)

19-03-13

19-03-2013

09A (Rev B)

19-03-13

19-03-2013

011A (Rev B)

19-03-13

19-03-2013

012A (Rev B)

19-03-13

19-03-2013

013A (Rev B)

19-03-13

19-03-2013

BASIX
Certificate No.

Dated

Received

384782M

4 July 2011

7 August
2012

Amendment of Plans & Documentation

2. The approved plans and documents must be
amended in accordance with the following requirements and details which are
to be submitted to and approved by Council’s Director
of City Planning, in accordance with section 80A (2) of the Environmental
Planning and Assessment Act 1979prior to a construction
certificate being issued for the relevant building works:

(a) The sill height of the east and west
facing windows directly adjacent to the living rooms of the respective
dwelling units in the new upper floor addition shall be increased
to be a minimum height of 1.5m above floor level, or alternatively, the
window/s are to be fixed and provided with translucent, obscured, frosted or
sandblasted glazing below 1.5m above floor level.

(b) Alternative screening measures and design for
the proposed external blinds shall be provided to improve the aesthetics, and
allow for additional articulation and modulation in the external front façade
of the building.

REQUIREMENTS BEFORE A CONSTRUCTION
CERTIFICATE CAN BE ISSUED

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is issued by either
an Accredited Certifier or Randwick City Council. All necessary information
to demonstrate compliance with the following conditions of consent must be
included in the documentation for the construction certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable levels of
environmental amenity.

Consent Requirements

3. The requirements and amendments detailed
in the ‘General Conditions’ must be complied with and be included in the
construction certificate plans and associated documentation.

External Colours, Materials & Finishes

4. The colours, materials and finishes of the external
surfaces to the proposed development are to be compatible with adjacent
developments to maintain the integrity and amenity of the building; the
streetscape and the foreshore.

Details of
the proposed colours, materials and textures (i.e. a schedule and brochure/s
or sample board) are to be submitted to and approved by Council’s Director of
City Planning, in accordance with section 80A (2) of the Environmental
Planning and Assessment Act 1979prior to a construction
certificate being issued for the relevant building works.

5. .The reflectivity index of glass
used in the external façade of the development must not exceed 20 percent.
Details shall be submitted to and approved by Council’s Director of City Planning,
in accordance with section 80A (2) of the Environmental Planning and
Assessment Act 1979 prior to a construction certificate being issued for the
development.

Design
Verification

6. In accordance with the provisions of clauses 143A and 154A
of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification
Certificate’ must be provided to the Certifying Authority and the Council,
prior to issuing a construction certificate and an occupation certificate,
respectively.

Section
94A Contribution

7. In accordance with Council’s Section 94A Development
Contributions Plan effective from 2 July 2007, based on the development cost
of $1,027,650 the following applicable monetary levy must be paid to Council:
$10,276.50.

The levy must be paid in cash, bank cheque or by credit card prior to a
construction certificate being issued for the proposed development. The
development is subject to an index to reflect quarterly variations in the
Consumer Price Index (CPI) from the date of Council’s determination to the
date of payment.

Council’s Section 94A Development Contribution Plans may be inspected
at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

Long Service Levy Payments

8. The required Long Service Levy payment,
under the Building and Construction Industry Long Service Payments Act
1986, must be forwarded to the Long Service Levy Corporation or the
Council, in accordance with Section 109F of the Environmental Planning
& Assessment Act 1979.

At the time of this development consent, Long
Service Levy payment is applicable on building work having a value of $25,000
or more, at the rate of 0.35% of the cost of the works.

Compliance with the Building Code of Australia

9. In accordance with section 80 A (11) of
the Environmental Planning & Assessment Act 1979 and clause 98 of
the Environmental Planning & Assessment Regulation 2000, it is a prescribed
condition that all building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA). Details of
compliance with the BCA are to be included in the construction certificate
application.

Smoke
Alarms

10. Smoke alarms are required to be installed
in each Class 1 building or dwelling in accordance with the relevant
provisions of Part 3.7.2 of the B.C.A. – Housing Provisions. Smoke alarms
must comply with AS3786 – Smoke alarms and be connected to the consumer mains
electric power supply and provided with a battery back-up. Details of
compliance are to be included in the construction certificate.

Security Deposit

11. The following damage / civil works security
deposit requirement must be complied with as security for making good any
damage caused to the roadway, footway, verge or any public place; and as
security for completing any public work; and for remedying any defect on such
public works, in accordance with section 80A(6) of the Environmental Planning
and Assessment Act 1979:

· $5000.00 - Damage / Civil Works Security Deposit

The
damage/civil works security deposit may be provided by way of a cash, cheque
or credit card payment and is refundable upon a satisfactory inspection by
Council upon the completion of the civil works which confirms that there has
been no damage to Council's infrastructure.

The
owner/builder is also requested to advise Council in writing and/or
photographs of any signs of existing damage to the Council roadway, footway,
or verge prior to the commencement of any building/demolition works.

To obtain a refund of relevant deposits, a Security Deposit
Refund Form is to be forwarded to Council’s Director of City Services
upon issuing of an occupation certificate or completion of the civil works.

Design Alignment levels

12. The design
alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access
ramps and pathways or the like, shall be:

· Driveway
Entrance – RL 16.22

· Pedestrian
Entrance – RL 16.45

The design alignment levels at the property boundary as issued by
Council must be indicated on the building plans for the construction
certificate. The design alignment level at the street boundary, as issued by
the Council, must be strictly adhered to.

Any enquiries regarding this matter
should be directed to Council’s Development Engineer on 9399 0923.

13. The above alignment levels and the site inspection
by Council’s Development Engineer have been issued at a prescribed fee of
$135.00 (inclusive of GST). This amount is to be paid prior to a construction
certificate being issued for the development.

Driveway Design

14. Plans submitted for the Construction
certificate shall show the reconstruction of the existing internal side driveway

15. The gradient of the reconstructed internal
access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street
Car Parking and the levels of the driveway must match the alignment levels at
the property boundary (as specified by Council). Details of compliance are to
be included in the construction certificate documentation.

Car Spaces

16. Car space No 2 is to be deleted from the
submitted plans as it blocks pedestrian access to the new walkway.

17. Each unit is to be allocated at least 1 car space each.

Stormwater Drainage

18. Detailed drainage plans with levels reduced
to Australian Height Datum (AHD), shall be prepared by a suitably qualified
Hydraulic Engineer and be submitted to and approved by the certifying
authority. A copy of the plans shall be forwarded to Council, if Council is
not the certifying authority.

The drainage plans must demonstrate compliance with
the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing
and Drainage - Stormwater Drainage) and the relevant conditions of this
development approval.

19. Only stormwater runoff from the site (no
seepage water) shall be discharged either:

a) Through a private drainage easement(s) to Council’s kerb and
gutter (or underground drainage system); OR

b) To a suitably sized pump out system.

20. Should a pump system be required to drain
any portion of the site the system must be designed with a minimum of two
pumps being installed, connected in parallel (with each pump capable of
discharging at the required discharge rate) and connected to a control board
so that each pump will operate alternatively. The pump wet well shall be
sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

The pump system must also be designed and installed
strictly in accordance with Randwick City Council's Stormwater Code.

21. All pump out water must pass through a
stilling pit, located adjacent/near Council’s kerb prior to being discharged
to the kerb and gutter.

Sydney Water

22. All building, plumbing and drainage work
must be carried out in accordance with the requirements of the Sydney Water
Corporation.

The approved
plans must be submitted to a Sydney Water Quick Check agent, to determine whether
the development will affect Sydney Water’s waste water and water mains,
stormwater drains and/or easements, and if any further requirements need to
be met.

If suitable,
the plans will be appropriately stamped. For details please refer to the Sydney
Water web site at www.sydneywater.com.au
for:

· Quick Check agents details - see Building and Developing
then Quick Check and

· Guidelines for Building Over/Adjacent to Sydney Water Assets – see
Building and Development then Building and Renovating, or
telephone 13 20 92.

The
Principal Certifying Authority must ensure that a Sydney Water Quick Check
Agent has appropriately stamped the plans.

REQUIREMENTS TO BE INCLUDED IN THE
CONSTRUCTION CERTIFICATE

The requirements contained in the following
conditions of consent must be complied with and details of compliance must be
included in the construction certificate for the development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Councils development consent conditions and to achieve reasonable levels of
environmental amenity.

23. Access and facilities for people with
disabilities must be provided in accordance with the relevant requirements of
the Building Code of Australia, Disability (Access to Premises – Buildings)
Standards 2010, relevant Australian Standards and conditions of consent, to
the satisfaction of the Certifying Authority.

BASIX Requirements

24. In accordance with section 80A (11) of the Environmental
Planning & Assessment Act 1979 and clause 97A of the Environmental
Planning & Assessment Regulation 2000, the requirements and
commitments contained in the relevant BASIX Certificate must be complied
with.

The required commitments listed and identified in the BASIX
Certificate must be included on the construction
certificate plans, specifications and associated
documentation, to the satisfaction of the Certifying Authority.

The design of the building must not be inconsistent with the
development consent and any proposed variations to the building to achieve
the BASIX commitments may necessitate a new development consent or amendment
to the existing consent to be obtained, prior to a construction certificate
being issued.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF
ANY WORKS

The following conditions of consent must be
complied with prior to the commencement of any works on the site. The
necessary documentation and information must be provided to the Council or
the ‘Principal Certifying Authority’, as applicable.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental

25. The requirements and provisions of the Environmental Planning & Assessment Act
1979 and Environmental Planning & Assessment Regulation 2000, must be fully
complied with at all times.

Failure to comply with these legislative requirements is an
offence and may result in the commencement of legal proceedings, issuing of
`on-the-spot` penalty infringements or service of a notice and order by
Council.

26. All new building work must be carried out in accordance with the
provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.

27. Prior to the commencement of any building or fire safety works, a
construction certificate must be obtained from
the Council or an accredited certifier, in accordance with the provisions of
the Environmental Planning & Assessment Act 1979 and Environmental
Planning & Assessment Regulation 2000.

A copy of the
construction certificate, the approved plans and development consent
conditions must be kept on the site at all times and be made available to the
Council officers and all building contractors for assessment

28. Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:

i) appoint a Principal Certifying Authority
for the building work, and

ii) appoint a principal contractor for
the building work and notify the Principal Certifying Authority and
Council accordingly in writing, and

iii) notify the principal contractor of
the required critical stage inspections and other inspections to be
carried out, as specified by the Principal Certifying Authority, and

iv) give at least two days notice to the
Council, in writing, of the person’s intention to commence building works.

In relation to
residential building work, the principal contractor must be the holder of a
contractor licence, in accordance with the provisions of the Home Building
Act 1989.

29. The building works must be inspected by the Principal Certifying
Authority (or another certifying authority if the Principal
Certifying Authority agrees), in accordance with sections 109 E (3) of
the Environmental Planning & Assessment Act 1979 and clause 162A of the
Environmental Planning & Assessment Regulation 2000, to monitor
compliance with the relevant standards of construction, Council’s development
consent and the construction certificate.

The Principal Certifying Authority must specify the
relevant stages of construction to be inspected in accordance with section
81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation
2000 and a satisfactory inspection must be carried out, to the satisfaction
of the Principal Certifying Authority, prior to proceeding to the
subsequent stages of construction or finalisation of the works (as
applicable).

Documentary evidence of the building inspections carried out and
details of compliance with Council’s consent is to be maintained by the Principal
Certifying Authority. Details of critical stage inspections
carried out and copies of certification relied upon must also be forwarded to
Council with the occupation certificate.

The principal contractor or owner-builder (as
applicable) must ensure that the required critical stage and other
inspections, as specified in the Principal Certifying Authority’s
“Notice of Critical Stage Inspections”, are carried out to the satisfaction
of the Principal Certifying Authority and at least 48 hours notice
(excluding weekends and public holidays) is to be given to the Principal
Certifying Authority, to carry out the required inspection, before
carrying out any further works.

30. A sign must be erected and maintained in a
prominent position on the site for the duration of the works, which contains
the following details:

· name, address, contractor licence number and telephone
number of the principal contractor, including a telephone number at
which the person may be contacted outside working hours,

· name, address and telephone number of the Principal
Certifying Authority,

· a statement stating that “unauthorised entry to the work
site is prohibited”.

31. The required Long Service Levy payment,
under the Building and Construction Industry Long Service Payments Act 1986,
is to be forwarded to the Long Service Levy Corporation or the Council, prior
to the issuing of a Construction Certificate, in accordance with Section 109F
of the Environmental Planning & Assessment Act 1979.

At the time of this development consent, Long Service Levy payment
is applicable on building work having a value of $25,000 or more, at the rate
of 0.35% of the cost
of the works.

32. All building, plumbing and drainage work
must be carried out in accordance with the requirements of the Sydney Water
Corporation.

The approved Construction Certificate plans must be submitted to a
Sydney Water Quick Check agent or Customer Centre prior to commencing any
building or excavation works, to determine whether the development will affect
Sydney Water’s sewer and water mains, stormwater drains and/or easements, and
if any further requirements need to be met.

If suitable, the plans will be appropriately stamped. For Quick
Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au
and go to the Building, Developing and Plumbing, then Quick Check or Building
and Renovating or telephone 13 20 92.

The principal certifying authority must ensure that a Quick Check
Agent/Sydney Water has appropriately stamped the plans before commencing
any works.

Public
Utilities

33. A public utility impact assessment must be
carried out on all public utility services located on the site, roadway,
nature strip, footpath, public reserve or any public areas associated with
and/or adjacent to the building works. The assessment should include
relevant information from public utility authorities and exploratory
trenching or pot-holing, if necessary, to determine the position and level of
services.

34. The applicant must meet the full cost for
telecommunication companies, gas providers, Ausgrid, and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make
the necessary arrangements with the service authority.

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be
complied with during the demolition, excavation and construction of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity during construction.

Construction site management

35. Demolition work and the removal, storage,
handling and disposal of building materials must be carried out in accordance
with the following requirements (as applicable):

A copy of Council’s Asbestos Policy
is available on Council’s web site at www.randwick.nsw.gov.au in the Building
& Development section or a copy can be obtained from Council’s Customer
Service Centre.

b) A Demolition Work Plan must be developed and
implemented in accordance with Australian Standard AS2601-2001, Demolition of
Structures.

c) A WorkCover licensed demolition or asbestos
removal contractor must undertake removal of more than 10m2 of
bonded asbestos (or as otherwise specified by WorkCover or relevant
legislation). Removal of friable asbestos material must only be undertaken by
contractor that holds a current friable asbestos removal licence.

d) Asbestos waste must be stored, transported
and disposed of in compliance with the Protection of the Environment
Operations Act 1997 and the Protection of the Environment Operations (Waste)
Regulation 1996.

e) Asbestos waste must be disposed of at an
approved waste disposal depot (refer to the DEC or Waste Service NSW for
details of sites). Copies of all receipts detailing method and location of
disposal must be maintained on site and be provided to Council officers upon
request, as evidence of correct disposal.

f) On demolition sites involving the removal
of asbestos, a professionally manufactured sign must be clearly displayed in
a prominent visible position at the front of the site, containing the words
‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed
contractor. The sign shall measure not less than 400mm x 300mm and the sign
is to be installed prior to demolition work commencing and is to remain in
place until such time as all asbestos has been safely removed from the site.

g) A certificate or Statement, prepared by a
suitably qualified person (ie an occupational hygienist, licensed asbestos
removal contractor, building consultant, architect or experienced licensed
building contractor), must be provided to Council upon completion of the works
(prior to an Occupation Certificate being issued), which confirms that the
relevant requirements contained in the Asbestos Survey and conditions of
consent, in relation to the safe removal and disposal of asbestos, have been
satisfied.

37. All excavations and backfilling associated
with the erection or demolition of a building must be executed safely in
accordance with appropriate professional standards and excavations are to be
properly guarded and supported to prevent them from being dangerous to life,
property or buildings.

Retaining walls, shoring or piling must be provided to support
land which is excavated in association with the erection or demolition of a
building, to prevent the movement of soil and to support the adjacent land
and buildings, if the soil conditions require it. Adequate provisions are
also to be made for drainage.

Retaining walls, shoring, or piling must be designed and installed
in accordance with appropriate professional standards and the relevant
requirements of the Building Code of Australia and Australian Standards.
Details of proposed retaining walls, shoring or piling are to be submitted to
and approved by the Principal Certifying Authority for the development prior
to commencing such excavations or works.

38. Building, demolition and associated site
works must be carried out in accordance with the following requirements:

Activity

Permitted working hours

All
building, demolition and site work, including site deliveries (except as
detailed below)

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

Excavating
of rock, use of jack-hammers, pile-drivers or the like

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

Additional
requirements for all development (except for single residential dwellings)

· Saturdays and Sundays where the preceding Friday and/or the
following Monday is a public holiday - No work permitted

An application to vary the abovementioned
hours may be submitted to Council’s Manager Health, Building & Regulatory
Services for consideration and approval to vary the specified hours may be
granted in exceptional circumstances and for limited occasions (e.g. for
public safety, traffic management or road safety reasons). Any applications
are to be made on the standard application form and include payment of the
relevant fees and supporting information. Applications must be made at least
10 days prior to the date of the proposed work and the prior written approval
of Council must be obtained to vary the standard permitted working hours.

39. Noise and vibration emissions during the
construction of the building and associated site works must not result in
damage to nearby premises or result in an unreasonable loss of amenity to
nearby residents and the relevant provisions of the Protection of the
Environment Operations Act 1997 must be satisfied at all times.

Noise and vibration from any rock excavation machinery and pile
drivers (or the like) must be minimised by using appropriate plant and
equipment and silencers and a construction noise and vibration minimisation
strategy, prepared by a suitably qualified consultant is to be implemented
during the works, to the satisfaction of the Principal Certifying Authority.

40. Public safety and convenience must be
maintained at all times during demolition, excavation and construction works.

a) The roadway, footpath and nature strip must
be maintained in a good, safe condition and free from any obstructions,
materials, soils or debris at all times. Any damage caused to the road,
footway or nature strip must be repaired immediately, to the satisfaction of
Council.

b) A Road Opening Permit must be obtained from
the Council and other relevant Authorities prior to excavating or opening-up
the road or footway for services or the like.

c) Building materials, sand, soil, waste
materials or construction equipment must not be placed upon the footpath,
roadway or nature strip at any time and the footpath, nature strip and road
must be maintained in a clean condition and free from any obstructions, soil
and debris at all times.

d) Bulk bins/waste containers must not be
located upon the footpath, roadway or nature strip at any time without the
prior written approval of the Council. Applications to place a waste
container in a public place can be made to Council’s Health, Building &
Regulatory Services department.

e) During construction stages, sediment laden
stormwater run-off shall be controlled using the sediment control measures
outlined in the manual for Managing Urban Stormwater – Soils and
Construction, published by the NSW Department of Housing. Sediment and
erosion control measures must be implemented prior to the commencement of any
site works and be maintained throughout construction.

f) Public access to demolition/building works,
materials and equipment on the site is to be restricted and a temporary
safety fence is to be provided to protect the public, located to the
perimeter of the site (unless the site is separated from the adjoining land
by an existing structurally adequate fence, having a minimum height of 1.5
metres). Temporary fences are to have a minimum height of 1.8 metres and be
constructed of cyclone wire fencing, with geotextile fabric attached to the
inside of the fence to provide dust control, or other material approved by
Council.

g) Temporary fences or hoardings or the like
are to be structurally adequate, safe and be constructed in a professional
manner and the use of poor quality materials or steel reinforcement mesh as
fencing is not permissible.

h) The public safety provisions and temporary
fences or hoardings must be in place prior to the commencement of any
demolition, excavation or building works and be maintained throughout
construction.

i) If it is proposed to locate any hoardings,
site fencing or amenities upon any part of the footpath, nature strip or any
public place, the written consent from Council’s Building Services section must
be obtained beforehand and detailed plans are to be submitted to Council for
consideration, together with payment of the weekly charge in accordance with
Council’s adopted fees and charges.

j) Stockpiles of soil, sand, aggregate or
other materials must not be located on any footpath, roadway, nature strip,
drainage line or any public place and the stockpiles must be protected with
adequate sediment control measures.

k) Building operations such as brick cutting,
washing tools or equipment and mixing mortar are not permitted on public footpaths,
roadways, nature strips, in any public place or any location which may lead
to the discharge of materials into the stormwater drainage system.

l) A local approval application must be
submitted to and be approved by Council's Building Services section prior to
commencing any of the following activities upon any part of the footpath,
road, nature strip or in any public place:

· Install or erect any site fencing, hoardings or site
structures

· Operate a crane or hoist goods or materials over a footpath
or road

· Placement of a waste skip or any other container or
article.

41. Demolition work and the removal, storage,
handling and disposal of building materials must be carried out in accordance
with the following requirements (as applicable):

· The
Protection of the Environment Operations Act 1997 and Protection of the
Environment Operations (Waste) Regulation 1996.

42. Public safety and convenience must be
maintained at all times during demolition, excavation and construction works.

a) The roadway, footpath and nature strip must
be maintained in a good, safe condition and free from any obstructions,
materials, soils or debris at all times. Any damage caused to the road,
footway or nature strip must be repaired immediately, to the satisfaction of
Council.

b) A Road Opening Permit must be obtained from
the Council and other relevant Authorities prior to excavating or opening-up
the road or footway for services or the like.

c) Building materials, sand, soil, waste
materials or construction equipment must not be placed upon the footpath,
roadway or nature strip at any time and the footpath, nature strip and road
must be maintained in a clean condition and free from any obstructions, soil
and debris at all times.

d) Bulk bins/waste containers must not be
located upon the footpath, roadway or nature strip at any time without the
prior written approval of the Council. Applications to place a waste
container in a public place can be made to Council’s Health, Building &
Regulatory Services department.

e) During construction stages, sediment laden
stormwater run-off shall be controlled using the sediment control measures
outlined in the manual for Managing Urban Stormwater – Soils and
Construction, published by the NSW Department of Housing. Sediment and
erosion control measures must be implemented prior to the commencement of any
site works and be maintained throughout construction.

f) Public access to demolition/building works,
materials and equipment on the site is to be restricted and a temporary
safety fence is to be provided to protect the public, located to the
perimeter of the site (unless the site is separated from the adjoining land
by an existing structurally adequate fence, having a minimum height of 1.5
metres). Temporary fences are to have a minimum height of 1.8 metres and be
constructed of cyclone wire fencing, with geotextile fabric attached to the
inside of the fence to provide dust control, or other material approved by
Council.

g) Temporary fences or hoardings or the like
are to be structurally adequate, safe and be constructed in a professional
manner and the use of poor quality materials or steel reinforcement mesh as
fencing is not permissible.

h) The public safety provisions and temporary
fences or hoardings must be in place prior to the commencement of any
demolition, excavation or building works and be maintained throughout
construction.

i) If it is proposed to locate any hoardings,
site fencing or amenities upon any part of the footpath, nature strip or any
public place, the written consent from Council’s Building Services section must
be obtained beforehand and detailed plans are to be submitted to Council for
consideration, together with payment of the weekly charge in accordance with
Council’s adopted fees and charges.

j) Stockpiles of soil, sand, aggregate or other
materials must not be located on any footpath, roadway, nature strip,
drainage line or any public place and the stockpiles must be protected with
adequate sediment control measures.

k) Building operations such as brick cutting,
washing tools or equipment and mixing mortar are not permitted on public
footpaths, roadways, nature strips, in any public place or any location which
may lead to the discharge of materials into the stormwater drainage system.

l) A local approval application must be
submitted to and be approved by Council's Building Services section prior to
commencing any of the following activities upon any part of the footpath,
road, nature strip or in any public place:

· Install or erect any site fencing, hoardings or site
structures

· Operate a crane or hoist goods or materials over a footpath
or road

· Placement of a waste skip or any other container or
article.

Road/Asset Opening Permit

43. Any openings within or upon the road,
footpath, nature strip or in any public place (i.e. for proposed drainage
works or installation of services), must be carried out in accordance with
the following requirements, to the satisfaction of Council:

· A Road / Asset Opening Permit must be obtained from Council
prior to carrying out any works within or upon a road, footpath, nature strip
or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road
/ Asset Opening Permit must be complied with.

· The owner/builder must ensure that all works within or upon the
road reserve, footpath, nature strip or other public place are completed to
the satisfaction of Council, prior to the issuing of a final occupation
certificate for the development.

· Relevant Road / Asset Opening Permit fees, repair fees, inspection fees and security deposits, must be
paid to Council prior to commencing any works within or upon the road,
footpath, nature strip or other public place.

The following conditions of consent must be
complied with prior to the ‘Principal Certifying Authority’ issuing an
‘Occupation Certificate’.

Note: For
the purpose of this consent, any reference to ‘occupation certificate’ shall
also be taken to mean ‘interim occupation certificate’ unless otherwise
stated.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of public
health, safety and amenity.

44. An Occupation Certificate must be
obtained from the Principal Certifying Authority prior to any occupation of
the building work encompassed in this development consent (including alterations
and additions to existing buildings), in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.

An Occupation Certificate must not be issued for the development
if the development is inconsistent with the development consent. The
requirements of the Environmental Planning & Assessment Act 1979 and
conditions of development consent must be satisfied prior to the issuing of
an occupation certificate.

45. Prior to the issuing of an interim or
final occupation certificate, a statement is required to be obtained from
the Principal Certifying Authority, which confirms that the development is
not inconsistent with the development consent and the relevant conditions of
development consent have been satisfied.

Details of critical stage inspections carried out by the
principal certifying authority together with any other certification relied
upon and must also be provided to Council with the occupation certificate.

46. A Fire Safety Certificate must be submitted
to Council prior to the issuing of an Occupation Certificate, in
accordance with the requirements of the Environmental Planning and Assessment
Regulation 2000.

A single and complete Fire Safety Certificate must be
provided which includes details of all of the fire safety measures contained
in the building and as detailed in the fire safety schedule attached
to the Construction Certificate.

Prior to issuing any Occupation Certificate the Principal
Certifying Authority must be satisfied that all of the relevant fire safety
measures have been included and are sufficiently detailed within the Fire
safety Certificate.

A copy of the fire safety certificate must be displayed in
the building near the entrance and a copy must be forwarded to the NSW Fire
Brigades.

47. A Certificate prepared by a professional
engineer shall be submitted to the certifying authority prior to
issuing a construction certificate which certifies that the structural
adequacy of the existing building to support an additional storey.

48. A Certificate prepared by a professional
engineer shall be submitted to the certifying authority prior to
issuing an occupation certificate or strata subdivision certificate,
which certifies that the structural adequacy of the building, including
balustrades to external balconies and the trafficable roof.

BASIX Requirements

49. In accordance with Clause 154B of the Environmental
Planning & Assessment Regulation 2000, a Certifying Authority must
not issue an Occupation Certificate for this development, unless it is satisfied
that each of the required BASIX commitments have been fulfilled.

Relevant
documentary evidence of compliance with the BASIX commitments is to be
forwarded to the Council upon issuing an Occupation Certificate.

Notification of Swimming Pools & Spa Pools

50. Written notification must be provided to
Council advising of the installation and completion of the Swimming Pool (or
Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

Council’s “Notification & Registration of a Swimming Pool”
form must be completed and forwarded to Council prior to any Occupation
Certificate being issued for the pool.

Occupant Safety

51. Openable windows to a room, corridor,
stairway or the like with a floor level more than 4m above the external
ground/surface level, must be designed and constructed to reduce the
likelihood of a child accessing and falling through the window opening.

Options may
include one or more of the following measures:

· The window having a minimum sill height of 1.5m above the
internal floor level,

52. Street numbering must be provided to the
front of the premises in a prominent position, in accordance with the
Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of
Council.

Fire safety

53. The existing levels of fire and safety
within the building are to be upgraded in accordance with the following
requirements and the fire safety certificate provisions of Part 9 of the
Environmental Planning and Assessment Regulation 2000 must be complied with,
prior to issuing an occupation certificate or strata subdivision certificate:

a) The following works are to be undertaken in
accordance with the specified provisions of the Building Code of Australia
(BCA), as applicable:

1) Provide a -/60/30 fire door set, with a
self-closing device, to the front entry of each sole-occupancy unit in
accordance with clause C3.11 of the Building Code of Australia (BCA).

2) Install a smoke detection and alarm system
throughout the building in accordance with specification E2.2a of the BCA,

3) Provide emergency lighting system to the
common stairway and corridor/s, in accordance with clause E4.2 & E4.4 of
the BCA,

4) Provide portable fire extinguisher within the
building adjacent to the electrical switchboard, in accordance with clause
E1.6 of the BCA,

5) Provide a non-combustible enclosure (ie a
metal cabinet) with seals to prevent the passage of smoke to electricity
meters and switchboard located in corridors, exits and within stairways etc,

6) Balustrades and handrails to stairway/s,
balconies, decks or the like are to be designed and constructed to satisfy
clause D2.16 & D2.17 of the BCA,

7) The main entry/exit door is to be provided
with a ‘hold-open’ device, or swing in the direction of egress, to facilitate
people seeking egress from the building in the event of an emergency,

8) Prior to commencing the abovementioned
works, a Construction Certificate must be obtained from Council’s Building
Certification Services or an accredited certifier, in accordance with the
provisions of the Environmental Planning & Assessment Act 1979 and Environmental
Planning & Assessment Regulation 2000.

b) All new building works (including the
proposed alterations/additions) must satisfy the relevant performance or
deemed-to-satisfy provisions of the Building Code of Australia.

c) All of the fire safety upgrading works and
new building work must be detailed in the Construction Certificate for the
development.

54. The fire safety upgrading works must be
carried out prior to issuing of an Occupation Certificate for the
development and written confirmation must be provided to Council which
confirms that all of the upgrading works have been carried out in accordance
with the conditions of consent.

Include
additional conditions, as applicable to address the individual design
features of buildings, including:

§ Buildings
3 or more storeys

§ Buildings
having more than 2 SOU’s on the upper floor

§ Timber
floors

§ Timber
stairways

§ Sound
transmission

§ Structural
adequacy concerns

§ Glazing
concerns

§ Weatherproofing

Refer to
the standard conditions for fire safety upgrading works (contained in
standard local approval conditions BDR-L1 - Local Approval Conditions - May
2006) for further details.

Council’s Infrastructure, Vehicular Crossings, street verge

55. The applicant must meet the full cost for
Council or a Council approved contractor to:

a. Construct a concrete
vehicular crossing opposite the vehicular entrance to the site.

b. Construct a concrete
footpath, adjacent to Council’s kerb, along the full site frontage.

56. The applicant must meet the full cost for
Council or a Council approved contractor to repair/replace any damaged
sections of Council's footpath, kerb & gutter, nature strip etc which are
due to building works being carried out at the above site. This includes the
removal of cement slurry from Council's footpath and roadway.

57. All external civil work to be carried out
on Council property (including the installation and repair of roads,
footpaths, vehicular crossings, kerb and guttering and drainage works), must
be carried out in accordance with Council’s Policy for “Vehicular Access and
Road and Drainage Works” and the following requirements:

a) All work on Council land must be carried out
by Council, unless specific written approval has been obtained from Council
to use non-Council contractors.

b) Details of the proposed civil works to be
carried out on Council land must be submitted to Council in a Civil Works
Application Form, prior to an occupation certificate being issued for the
development, together with payment of the relevant fees.

c) If it is proposed to use non-Council
contractors to carry out the civil works on Council land, the work must not
commence until the written approval has been obtained from Council and the
work must be carried out in accordance with the conditions of consent,
Council’s design details and payment of a Council design and supervision fee.

d) The civil works must be completed in
accordance with Council’s conditions of consent and approved design and
construction documentation, prior to occupation of the development, or as
otherwise approved by Council in writing.

58. That part of the naturestrip upon Council's
footway which is damaged during the construction of the proposed works shall
be excavated to a depth of 150mm, backfilled with topsoil equivalent with
'Organic Garden Mix' as supplied by Australian Native Landscapes, and
re-turfed with Kikuyu turf or similar. Such works shall be completed at the
applicant’s expense.

Stormwater Drainage

59. The applicant shall submit to the Principal
Certifying Authority (PCA) and Council, certification from a suitably
qualified and experienced Hydraulic Engineer confirming that the design and
construction of the stormwater drainage system complies with Australian
Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the
conditions of this development approval. The certification must be provided
following inspection/s of the site stormwater drainage system by the
certifying engineers and shall be provided to the satisfaction of the PCA.

Waste Management

60. The owner or applicant is required to
contact Council’s City Services Department, to make the necessary
arrangements for the provision of waste services to the additional premises.

Car Spaces

61. Prior to the issuing of an occupation
certificate the applicant is to have the driveway entrance signposted with “Driveway
Access for Small Cars Only”. The sign is to be maintained at all times.

62. Prior to the issuing of an occupation
certificate the car spaces, motorcycle and bike parking areas are to be
suitably linemarked, numbered and signposted.

OPERATIONAL
CONDITIONS

The following
operational conditions must be complied with at all times, throughout the use
and operation of the development.

These conditions have been applied to satisfy the relevant
requirements of the Environmental Planning & Assessment Act 1979, Environmental
Planning & Assessment Regulation 2000, Council’s development consent
and to maintain reasonable levels of public health and environmental amenity.

External Lighting

63. External lighting to the premises must be
designed and located so as to minimise light-spill beyond the property
boundary or cause a public nuisance.

Protection of the Environment Operations Act 1997 – Air
Conditioners

64. The operation of all plant and equipment
shall not give rise to an ‘offensive noise’ as defined in the Protection of
the Environment Operations Act 1997 and Regulations.

In this regard,
the operation of the plant and equipment shall not give rise to an LAeq,
15 min sound pressure level at any affected premises that exceeds
the background LA90, 15 min noise level, measured in
the absence of the noise source/s under consideration by more than 5dB(A) in
accordance with relevant NSW Department of Environment & Conservation
Noise Control Guidelines.

Air Conditioning & Equipment

65. Air conditioning plant and equipment shall
not be operated during the following hours if the noise emitted can be heard
within a habitable room in any other residential premises, or, as otherwise
specified in relevant Noise Control Regulations:

· before
8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

· before
7.00am or after 10.00pm on any other day.

Rainwater Tank Requirements

66. The installation of rainwater tanks shall
comply with the following noise control requirements:

a) The operation of all plant and equipment
shall not give rise to an ‘offensive noise’ as defined in the Protection of
the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the plant and equipment shall not
give rise to an LAeq, 15 min sound pressure level at
any affected premises that exceeds the background LA90, 15
min noise level, measured in the absence of the noise source/s under
consideration by more than 5dB(A) in accordance with relevant NSW Department
of Environment & Conservation Noise Control Guidelines.

b) Plant and equipment associated with
rainwater tanks are to be enclosed in a sound absorbing enclosure or
installed within a building, to minimise noise emissions and possible
nuisance to nearby residents.

c) The operation of plant and equipment
associated with rainwater tanks are to be restricted to the following hours
if the noise emitted can be heard within a habitable room in any other
residential premises:

· before 8.00am or
after 8.00pm on weekends or public holiday; or

· before 7.00am or
after 8.00pm on weekdays.

Waste Management

67. Adequate provisions are to be made within
the premises for the storage and removal of waste and recyclable materials,
to the satisfaction of Council.

ADVISORY NOTES

The following information is provided for your
assistance to ensure compliance with the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
or other relevant legislation and Council’s policies. This information does
not form part of the conditions of development consent pursuant to Section
80A of the Act.

· The requirements and provisions of the Environmental Planning
& Assessment Act 1979 and Environmental Planning & Assessment
Regulation 2000, must be fully complied with at all times.

Failure to comply with these requirements is an offence, which
renders the responsible person liable to a maximum penalty of $1.1 million.
Alternatively, Council may issue a penalty infringement notice (for up to
$1,500) for each offence. Council may also issue notices and orders to
demolish unauthorised or non-complying building work, or to comply with the
requirements of Council’s development consent.

· This determination does not include an assessment of the proposed
works under the Building Code of Australia (BCA), Disability (Access to
Premises – Buildings) Standards 2010 and other relevant Standards. All
new building work (including alterations and additions) must comply with the
BCA and relevant Standards. You are advised to liaise with your
architect, engineer and building consultant prior to lodgement of your
construction certificate.

· Demolition, building or excavation work must not be commenced
until;

§ A Construction Certificate has been obtained from Council or an
Accredited Certifier

§ Council or an Accredited Certifier has been appointed as the
Principal Certifying Authority for the development

§ Council and the Principal Certifying Authority have been given at
least 2 days notice (in writing) prior to commencing any works.

Council’s Building Approvals & Certification team can
issue Construction Certificates and be your Principal Certifying Authority
for the development, to undertake inspections and ensure compliance with the
development consent, relevant building regulations and standards of
construction. For further details contact Council’s Building Approvals
& Certification team on 9399 0944.

· This determination does not include an assessment of the proposed
works under the Building Code of Australia (BCA) and other relevant
Standards. All new building work (including alterations and additions) must
comply with the BCA and relevant Standards and you are advised to liaise with
your architect, engineer and building consultant prior to lodgement of your
construction certificate.

· A Local Approval application must be submitted to and be approved
by Council's Building Approvals & Certification team prior to commencing
any of the following activities on a footpath, road, nature strip or in any
public place:-

§ Install or erect any site fencing, hoardings or site structures

§ Operate a crane or hoist goods or materials over a footpath or
road

§ Placement of a waste skip or any other container or article.

For further information please contact Council’s Building
Approvals & Certification team on 9399 0944.

· Specific details of the location of the building/s should be
provided in the Construction Certificate to demonstrate that the proposed
building work will not encroach onto the adjoining properties, Council’s road
reserve or any public place, to the satisfaction of the Certifying Authority.

· Prior to commencing any works, the owner/builder should contact Dial
Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant
Service Authorities, for information on potential underground pipes and
cables within the vicinity of the development site.

· The applicant is to advise Council in writing and/or photographs
of any signs of existing damage to the Council roadway, footway, or verge
prior to the commencement of any building/demolition works

Proposal: Ground floor alterations and additions to the existing dwelling
including a deck at the rear, the construction of a first floor secondary
dwelling above the existing garage and alterations to the existing front fence

Ward:North Ward

Applicant:S Zefferino

Owner: S
Zefferino

Summary

Recommendation: Approval

Subject Site

Submissions received

Ù

North

Locality Plan

1. Executive Summary

The subject Development
Application is referred to Council at the request of Councillors Neilson,
Shurey and Matson.

The proposed
development involves ground floor alterations and additions to the
existing dwelling including re-configuring the internal layout to create an
open plan living dining and kitchen area as well as a new elevated rear deck.
Other alterations associated with the main dwelling include increasing the
height of the existing front fence to 1.8m, designed with piers and 30% open
designed infill panels & relocating three western elevation windows. The
proposal also seeks to construct a new secondary dwelling with dormer windows
above two existing rear garages.

The proposal was
placed on public notification for 14 days. Eight (8) submissions had been
received at the conclusion of the notification period. The key issues are
potential heritage impact, visual bulk, non compliance with setbacks and
overshadowing.

During the
course of the assessment, several amendments were made to the proposed
secondary dwelling above the existing garage. These included reducing the
proposed floor area and roof form; as well as an increase in the rear laneway
setback at first floor level.
These changes are shown on amended plans received by Council on 31st May 2013.
Re-notification of the amended plans was not required as the scope of the
proposal was reduced.

The proposal as
a whole, has been assessed against the relevant planning framework, which
includes the Randwick Local Environmental Plan 2012, relevant Council policies
and matters for consideration under Section 79C of the Environmental Planning
and Assessment Act 1979 (EP&A Act).

The proposal, as
amended and conditioned, is consistent with the objectives of the Randwick
Local Environmental Plan 2012, the relevant requirements of the Randwick
Comprehensive Development Control Plan and matters for consideration under the
Section 79C of the EP&A Act.

The application
is therefore recommended for approval subject to conditions.

2. The Proposal

The following works are proposed:

§ Ground floor alterations and additions
to the existing dwelling including an internal re-configuration to create an
open plan kitchen/living/dining room to the rear of the dwelling and to delete
a bedroom;

§ The relocation of three windows on the
western elevation of the dwelling and a new deck at the rear of the dwelling;

§ The construction of a first floor
secondary dwelling above the existing garages at the rear of the site; and

§ Alterations to the
existing front fence to increase its height to 1.8m, including the construciton
of piers above the existing masonry fence with infill panels which are 30%
open.

3. Development
Application History:

§ BA/1619/1979 was
approved for a garage; and

§ BA/1085/1968 was
approved for a garage.

4. The Subject Site and Surrounding Area

The subject site
is irregular in shape with a primary frontage to Frenchmans Road and a
secondary frontage to Chapel Street. The frontages measure 16.42m and 12.19m
respectively and the total site area measures 538sqm. The adjoining site to the
west is a single storey dwelling identified as No. 16 Frenchmans Road. The
adjoining site to the east is occupied by two storey townhouses known as No. 20 Frenchmans Road. The surrounding area is in a state of transition in so far as the
sites are zoned R3 for medium density residential purposes allowing for
townhouses, villas and residential flat buildings.

Figure 1: The existing dwelling and fence on the site as viewed from Frenchmans Road.

Figure 2: The existing garages at the rear of the site. A secondary dwelling is
proposed to be constructed above the existing garages.

5. Community Consultation

The owners of adjoining and
likely affected neighbouring properties were notified of the proposed
development in accordance with the DCP – Public Notification. Eight (8)
submissions were received as a result of the notification process; from the
following addresses (see below).

Amended plans were submitted to
Council on 31 May 2013, showing a substantial reduction in the visual bulk and
scale of the proposed secondary dwelling above the garages. Given the plans
show a reduction in the scale of the works and that the reduced works will not
impose any significant impacts on neighbouring dwellings with regard to
overshadowing, visual bulk or privacy, the amended plans were not required to
be re-notified to neighbouring dwellings.

1. 1 Chapel Street, Randwick

2. 2 Chapel Street, Randwick

3. 3 Chapel Street, Randwick

4. 4 Chapel Street, Randwick

5. 4 Chapel Street, Randwick (2 x submissions)

6. 12 Frenchmans Road, Randwick

7. 16 Frenchmans Road, Randwick

8. 5/20 Frenchmans Road, Randwick

Issue

Comment

Significant
impacts on the adjacent Heritage Conservation Area, character and streetscape
of Chapel Street:

- Presents as an industrial style
development;

- Dormer style windows are not in
keeping with the streetscape;

- Scale of the development is not
in keeping with the locality;

- Proposed materials
(weatherboard) are out of character with the locality;

- There is no setback from the
property boundary to allow for any green landscaped area; and

- The separate door from Chapel Street could lead to the secondary dwelling being rented out; thus changing the
declared purpose.

Shadow
diagrams do not illustrate whether the proposed construction will overshadow
properties on the south-western side of Chapel Street.

The
proposal will affect property values.

Not
consistent with the Randwick
Comprehensive Development Control Plan
in terms of:

- secondary dwellings;

- Side setbacks;

- Rear setbacks;

Amenity
impacts for dwellings to the south-east:

- Decreases solar access and
present as a solid wall;

- Block views from rear courtyard
towards the street;

- Will present as a two storey
structure from courtyard;

-

The
SEE is inaccurate and there is no site plan to put the site into context.

Amended
plans are requested and we request that the assessing planner visit our
property to assess the extent of the impact.

Amended
plans were submitted to Council on 31 May 2013, showing a substantial
reduction in the perceived visual bulk and scale of the proposed secondary
dwelling above the garages. The amended development will be more in keeping
with the scale of existing development within the locality; and, it is considered,
will not impose any significant impacts on neighbouring dwellings or on the
adjoining Heritage Conservation Area with regard to materials, visual bulk
and scale.

The
proposal will be constructed above existing garages. It is not a requirement
that the existing garages must be demolished to provide for landscaped area.

A
secondary dwelling is proposed which may be leased out as a separate
stand-alone dwelling. A suitable condition has been recommended that the
outbuilding must not be used as a separate business premises. This is in line
with the planning control specified by the Randwick Comprehensive Development Control Plan.

Shadow
diagrams submitted with the application confirm that dwellings on the
south-western side of Chapel Street will not be affected by the proposed
development with regard to overshadowing.

Property
values are not a head of consideration under the Environmental Planning and
Assessment Act 1979 (as amended). Nevertheless, it is considered that the
works will be of a high quality finish and that the development will be
consistent with the existing and desired character of the locality. A
condition is recommended that the garages are to be rendered and painted, to
ensure that the works do not impose any significant impacts on the
streetscape or on the adjoining Heritage Conservation Area.

The
proposal is considered to be consistent with the objectives and planning
controls of the Randwick Comprehensive
Development Control Plan 2013. See
further discussion below – Section 7.1.

Amended
plans show a substantial reduction in the perceived
visual bulk and scale of the secondary
dwelling. As amended, the proposal will
not impose any significant impacts on the neighbouring dwelling to the
south-east with regard to solar access
and overshadowing.

Council
has assessed the proposal independently to the information provided within
the submitted Statement of Environmental Effects.

The
assessing planner visited the neighbouring dwelling on 24 June 2013.

5.1 Support:

No submissions were received in support of the application.

6. Technical Officers Comments

The application has been referred
to the relevant technical officers, including where necessary external bodies
and the following comments have been provided:-

6.1 Heritage
Planner:

The Site

The site has a front boundary to Frenchmans Road and a rear boundary
to Chapel Street and is occupied by a symmetrical single storey cottage
retaining much Federation verandah detailing, but with original front windows
replaced. The rear of the site is occupied by a garage structure, accessed
from Chapel Street. To the west of the site on the corner of Frenchmans Road and Chapel Street is a single storey semi-detached pair, considerably
altered. To the east of the site in Frenchmans Road, is a two storey medium
density development, with rear driveway access from Chapel Street. Immediately
to the south of the site in Chapel Street are a number of single storey
cottages, part of the Caerleon Crescent heritage conservation area. In relation
to the Caerleon Crescent heritage conservation area, the Randwick Comprehensive
Development Control Plan lists the following key values of the area- consistency of single storey scale and semi detached form of the
contributory buildings; consistency of roofscape; Federation Queen Anne style,
featuring face brickwork, hipped and gabled roofs in terracotta tiles and
timber trim.

Background

The original
application proposed alterations and additions to the dwelling and construction
of a secondary dwelling above the rear garage. Changes to the dwelling are to
include internal and external changes towards the rear including open plan
kitchen, dining and living area and a new deck. Changes to the garage comprise
the provision of an upper level living area, kitchen, bathroom and bedroom. A
new front fence is also proposed. Concerns were raised in relation to the
scale, bulk and setbacks of the proposed upper level addition to the garage.
It was recommended that the footprint and roof form of the upper level be
reconsidered in order to reduce is bulk and dominance, and better relate to
traditional hipped and gabled roofs of surrounding dwellings in the
streetscape. A meeting was held and amended drawings have now been received.

Proposal

As compared to
the original plans, the current plans have reduced the footprint of the upper
level addition to the garage.

Submission

The original
application was accompanied by a Statement of Environmental Effects which
addressed general environmental amenity and neighbourhood character.

Controls

Clause 5.10 (1)
of Randwick Local Environmental Plan 2012 includes an objective of conserving
the heritage significance of heritage conservation areas, including associated
fabric, settings and views.

Comments

The existing
outbuilding consists of an early pitched roof structure in the south western
corner of the site, with a low pitched addition to the remainder of the rear
part of the site apparently constructed in the late 1980s. Due to the
irregular boundaries on the site, the existing outbuilding has a
non-rectangular footprint. The original application proposed to retain the
irregular footprint at the upper level resulting in a structure which has a
western wall which is considerably longer and bulkier than the eastern wall.
The proposed roof form provided a single storey with attic scale to Chapel Street, and a two storey scale to the rear garden.

While the
outbuilding is located on the secondary frontage of the subject site, it is
adjacent to the primary frontages of adjacent dwellings in the heritage
conservation area. All other buildings in the section of Chapel Street between
Frenchmans Road and Caerleon Crescent are single storey in scale and
generally set back from the street and side boundaries.

Rather than
retaining the irregular footprint of the existing garage for the upper level
addition, the amended plans provide a more compact footprint for the upper
level. The upper level roof which faces Chapel Street is parallel to the
elevation facing the rear garden. The upper level therefore has a zero setback
from Chapel Street at the western corner and a 3.5m setback at the eastern
corner. The length and bulk of the east elevation of the outbuilding is also
considerable reduced. The upper level which faces the rear garden is in the
form of an “eye-brow dormer” set back from the side boundaries, reducing the
bulk of the addition and creating traditional gables on the side elevations.
The bulk and dominance of the upper level addition have been considerably
reduced. The amended roof form relates to traditional roof forms of adjacent
dwellings and will have reduced prominence in the streetscape of Chapel Street. It is considered that the proposal will not detract from the setting of the
adjacent Caerleon Crescent heritage conservation area.

Assessing
Planner Comment:

It is noted that
the rear of the subject site adjoins both the Caerleon Crescent and St Mark’s Heritage Conservation Areas. Consideration is therefore given to the
visual appearance of the proposed development as viewed from St Marks Road. Given that the existing garages are to be retained, and that they were
constructed using red and white bricks (Figure 3 below), this issue was
discussed with Council’s Heritage Planner.

Council’s Heritage
Planner advised the assessing planner on 24 June 2013 that the existing garages should be cement rendered and painted on the
south-western and south-eastern elevations, to present a consistent façade to
neighbouring dwellings and to the streetscape.

It is considered
that this measure will visually unify the existing assortment of structures;
which will in turn ensure that the proposed development will not impose
any significant visual impacts on the Heritage Conservation
Areas which adjoin the subject site.

Figure 3: The existing garages at the rear of the site which are to be
demolished and where a garage and first floor secondary dwelling are proposed
to be constructed.

6.2 Development
Engineer:

Landscape
Comments

There are no existing trees, (covered by
Council's Tree Preservation Order), that will be affected by this proposal.

7. Relevant Environmental Planning Instruments

The Development application has been assessed in accordance
with the provisions of the following relevant planning documents:

The application for a granny flat
above an existing garage would generally be prohibited development as specified
by the Land Use Table for the Medium Density Residential (R3) zone within the
RLEP 2012. Nevertheless, the proposal may rely on the State Environmental
Planning Policy (Affordable Rental Housing) 2009 for the construction of a
secondary dwelling on the site.

Secondary Dwellings:

Matter 1:

A consent
authority must not consent to development to which this Division applies (Division
2 Secondary dwellings) if there is on the land, or if the development would
result in there being on the land, any dwelling other than the principal
dwelling and the secondary dwelling.

Comment:

The proposed secondary
dwelling will not result in there being any dwelling other than the principal
dwelling and the secondary dwelling on the site.

Matter 2:

A consent
authority may only consent to development to which this Division applies (Division
2 Secondary dwellings) if:

· The total floor area of the principal dwelling and the secondary
dwelling is less than the maximum floor area allowed for a dwelling house on
the land under another environmental planning instrument; and

· The total floor area of the secondary dwelling is no more than 60
square metres; or

· If a greater floor area is permitted in respect of a secondary
dwelling on the land under another environmental planning instrument, that
greater floor area.

Officer
Comment:

The total floor
area of the principal dwelling and the secondary dwelling is 198.2m2
which compliant with the maximum floor area allowed for a dwelling house under
the RLEP 2012. Further, the total floor area of the
secondary dwelling (44.3m2) is less than 60 square metres.

Matter 3:

A consent authority must not refuse consent to development to which
this Division applies (Division 2 Secondary dwellings) on the grounds of site
area if the secondary dwelling is located within, or is attached to, the
principal dwelling, or the site area is at least 450 square metres.

Officer
Comment:

The site area is 538m2.

Matter 4:

A consent
authority must not refuse consent to development to which this Division applies
(Division 2 Secondary dwellings) on the grounds of no additional parking being
provided on the site.

Officer
Comment:

The proposed parking demand generated by
the secondary dwelling will not adversely impact on the availability of on
street car parking.

(b) Randwick Local Environmental Plan
2012

The site is
zoned Medium Density Residential R3 under the Randwick Local Environmental Plan
2012 and the proposed works to the existing dwelling are permissible with
Council’s consent. The proposed secondary dwelling relies upon the State
Environmental Planning Policy (Affordable Rental Housing) 2009.

Height of
Buildings:

The proposal
will result in a structure with a maximum height of 5.9m which complies with
the maximum building height development standard of 9.5m specified by the RLEP
2012.

Floor Space
Ratio (FSR):

The proposed
dwelling and secondary dwelling will have FSR total of 0.36:1 which complies
with the maximum permissible FSR of 0.65:1 for a dwelling house. Nevertheless,
amended plans show a substantial reduction in the scale
of the proposed secondary dwelling as compared to those plans which were originally notified to
neighbouring dwellings.

It is considered
that the building will be well articulated and will respond suitably to the
scale and character of contributory buildings in the adjacent Heritage
Conservation Area. Furthermore, it is considered that the development (as
amended) will not adversely impact on the amenity of adjoining and neighbouring
land in terms of visual bulk, loss of privacy, overshadowing and views.

Heritage
Conservation:

The rear of the
subject site is located on Chapel Street and adjoins both the Caerleon Crescent and St Mark’s Heritage Conservation Areas.
Consideration is therefore given to the visual appearance of the proposed
development as viewed from St Marks Road. Council’s
Heritage Planner has advised that no further heritage objections are raised;
and a condition is recommended that the existing
garages should be cement rendered and painted on the south-western and
south-eastern elevations. See further discussion above - Part 6.1.

7.1 Policy Controls

Randwick Comprehensive Development
Control Plan 2013 (DCP):

The following key
Issues and Areas of Non Compliance of the DCP have been identified in the
assessment of the application.

a) Colours,
Materials and Finishes

Council’s
Heritage Planner has recommended a condition to ensure that the colours and
materials for the outbuilding will contribute to and enhance the streetscape
character.

b) Building
Envelope:

Setbacks:

The DCP provides
planning controls for outbuildings, including controls for setbacks.
Outbuildings must be single storey unless they are located on laneways and may
be constructed to side boundaries where external walls do not require regular
maintenance and where there is no significant impact on neighbouring dwellings
with regard to privacy and solar access. First floor additions may be
constructed above existing detached garages where the upper floor is contained
within the attic storey; where the addition does not create excessive bulk as
viewed from adjoining properties and where privacy is maintained.

Amended plans
show that the proposed secondary dwelling will present as a single storey
structure at the rear property boundary and that the secondary dwelling will be
located substantially within a new roof cavity with dormer windows addressing Chapel Street. Overall the structure will present as an attic storey addition. The proposal
to utilise the side setbacks of the existing garages for the first floor level (300mm
to the northern property boundary and 600mm to the south-eastern property
boundary) will not result in a structure which will impose any
significant impacts on neighbouring dwellings with regard to visual
bulk and privacy.

c) Amenity:

Solar Access and
Overshadowing:

The DCP requires that
north-facing living area windows must receive at least 3 hours of direct
sunlight between 8am and 4pm on 21 June. A portion of the north-facing living
area windows of neighbouring dwellings must also receive at least 3 hours of
direct sunlight between 8am and 4pm on 21 June; and the private open spaces of
neighbouring dwellings must receive at least 3 hours of direct sunlight between
8am and 4pm on 21 June.

The north-facing habitable room
windows of the secondary dwelling will receive more than 3 hours of direct
sunlight between 8am and 4pm on 21 June. Shadow diagrams submitted with the
application also show that the proposed secondary dwelling will overshadow a
portion of the dwelling to the south-east (1 Chapel Street); however it is
noted that there are no windows on the affected elevation of the dwelling at 1 Chapel Street. Amended shadow diagrams were not required to be submitted along with
amended plans for the secondary dwelling. Justification for this is that the
redesign of the secondary dwelling includes a substantial reduction in the bulk
and scale of the structure as compared to that which was originally proposed.

The proposed extension to the
existing single storey dwelling house will include a marginal increase in the
degree of overshadowing; however it is considered that the extent of additional
overshadowing that this will not impose any significant impacts on neighbouring
dwellings. Shadow diagrams were not required to be submitted for this part of
the application given the structure is single storey in nature.

Overall, it is considered that
the proposal is consistent with the objectives and planning controls of the DCP
with regard to solar access and overshadowing.

Visual
Privacy:

The DCP requires
that habitable room windows must be located to minimise any direct viewing of
existing habitable room windows in adjacent dwellings and that where a balcony
is likely to overlook the private open space of the adjacent dwellings, that
privacy screens are to be included.

The proposal is
considered to be consistent with the planning controls specified by the DCP with
regard to privacy. Proposed window changes on the western side of the existing
dwelling will not impose any significant privacy impacts on the
neighbouring dwelling given that an existing 1.8m timber paling fence will form
an effective privacy screen between the dwellings. The proposed deck at the
rear of the existing dwelling includes privacy screens on the eastern and
western ends and consequently, will not impose any privacy significant impacts
on neighbouring dwellings.

The secondary
dwelling will be constructed with dormer windows on the south-western elevation
at first floor level however these windows will overlook the streetscape only
and will not impose any significant privacy impacts on neighbouring dwellings.
Windows on the north-eastern elevation at first floor level are highlight
windows and will not impose any significant impacts on neighbouring dwellings
with regard to visual privacy.

Outbuildings:

As discussed
above in part 7.1(b), the proposed secondary dwelling will be consistent with
the planning controls as specified for outbuildings within the DCP. It is noted
that amended plans show a substantially reduced building façade on the
south-eastern elevation; which will ensure that the proposed works will
not impose any significant visual impacts on the neighbouring dwelling to the
south-east (1 Chapel Street) – Figure 4 below.

The secondary
dwelling development will maintain the side setbacks for the ground floor
garages and adequate separation distance will be achieved between the proposed
works and neighbouring buildings for the purposes of visual and acoustic
privacy and solar access.

Figure 4: The existing view from the
rear yard of the neighbouring dwelling at 1 Chapel Street.

d) Car
Parking and Access:

The DCP does not require that any additional car parking facilities
be provided where secondary dwellings are proposed. Nevertheless, it is noted
that are two (2) off-street parking spaces located within the existing garages
and that these satisfy the requirement within the DCP for dwelling houses with
more 3 or more bedrooms.

The existing garages are located on the secondary street frontage
which is consistent with the controls within the DCP; and a condition is
recommended that the existing garages are to be cement rendered and painted,
which will ensure that they better integrate with the heritage character of the
Chapel Street streetscape; and with the adjoining Heritage Conservation
Areas.

e) Fencing
and Ancillary Development:

The DCP specifies that front
fences should be limited to a maximum height of 1.8m provided the upper two
thirds are partially open (except for piers). Solid front fences are permitted
for sites facing arterial roads.

The proposed front fence will
consist of 600mm piers which are to be constructed on top of the existing solid
1.2m masonry fence. Timber infill panels (600mm in height) are to be
constructed with openings which will consist of 30% of the area of the panels.

It is considered that the proposed
fence, which will have a maximum height of 1.8m will be consistent with the
existing character of the locality given that there is an existing 1.7m masonry
fence to the eastern side of the site at 20 Frenchmans Road. It is also noted
that Frenchmans Road is classified as a State arterial road. Overall, the
proposed front fence will be consistent with the planning controls for front
fences, as specified by the Randwick Comprehensive Development Control Plan.

8. Environmental Assessment

The site has been inspected and the application has been
assessed having regard to Section 79C of the Environmental Planning and
Assessment Act, 1979, as amended.

The site is zoned Residential R3
under the Randwick Local Environmental Plan 2012 and the proposed works to
the dwelling are permissible with Council's consent.

The
proposal is consistent with the aims of RLEP 2012 and the specific objectives
of the zone in that the proposed activity and built form will enhance and
compliment the aesthetic character, environmental qualities and social
amenity of the locality.

BASIXState
Environmental Planning Policy

Two (2)
BASIX Certificates have been provided which is in line with advice previously
provided by the NSW Department of Planning and Infrastructure. The BASIX
Certificates relate to the alterations to the dwelling and to the proposed
secondary dwelling.

The proposal
generally satisfies the objectives and planning controls as specified by the
Randwick Comprehensive Development Control Plan, except where discussed in
the key issues section of this report

Section 94A Contribution DCP

The DCP
authorises Randwick City Council to impose, as a condition of development
consent, a requirement that the applicant pay Council a levy determined in
accordance with the schedule. Based on a cost of works $110,000, the
applicable level is $550.00.

Section 79C(1)(b) – The likely impacts of
the development, including environmental impacts on the natural and built
environment and social and economic impacts in the locality

The
environmental impacts of the proposed development on the natural and built
environment, which are otherwise not addressed in this report, are discussed
in the paragraphs below.

The proposed
development is consistent with the dominant residential character in the
locality. The proposal is not considered to result in detrimental social or
economic impacts on the locality.

Section 79C(1)(c) – The suitability of
the site for the development

The site is
located in close proximity to local services and public transport. The site
has sufficient area to accommodate the proposed land use and associated
structures. Therefore, the site is considered suitable for the proposed
development.

Section 79C(1)(d) – Any submissions made
in accordance with the EP&A Act or EP&A Regulation

The issues
raised in the submissions have been addressed in this report.

Section 79C(1)(e) – The public interest

The proposal
promotes the objectives of the zone and will not result in any significant
adverse environmental, social or economic impacts on the locality.
Accordingly, the proposal is considered to be in the public interest.

Relationship to City Plan

The
relationship with the City Plan is as follows:

Outcome 4: Excellence in Urban Design and Development.

Direction 4a: Improved design and sustainability across all
development.

Financial Impact Statement

There is no direct financial impact for
this matter.

Conclusion

The proposal complies with the
relevant assessment criteria and will not result in any adverse impacts upon
either the amenity of the adjoining premises or the character of the locality. The
application is therefore recommended for approval subject to the attached conditions
of consent.

Recommendation

That Council, as
the consent authority, grant development consent under Section 80 and 80A of
the Environmental Planning and Assessment Act 1979 (as amended) to
Development Application No. DA/178/2013 for ground floor alterations and
additions to the existing dwelling including a deck at the rear, the
construction of a first floor secondary dwelling above the existing garage
and alterations to the existing front fence at 18 Frenchmans Road, Randwick, subject to the schedule of conditions outlined in this report:

GENERAL CONDITIONS

The development must be carried out in
accordance with the following conditions of consent.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of environmental amenity.

Approved Plans & Supporting Documentation

1. The development must be implemented
substantially in accordance with the plans and supporting documentation
listed below and endorsed with Council’s approved stamp, except where amended
by Council in red and/or by other conditions of this consent:

Plan

Drawn by

Dated

Received
by Council

12/13A

Peter Banfield

30 May 2013

31 May 2013

BASIX Certificate No.

Dated

Received
by Council

473813S

20 March 2013

28 March 2013

A159042

22 March 2013

28 March 2013

Amendment of Plans & Documentation

2. The approved plans and documents must be
amended in accordance with the following requirements:

a) To ensure that the proposed works comply with the submitted
BASIX Certificate, the water tank shall be increased in volume to 3,000L;

b) All privacy screens must be constructed of metal or timber
and the total area of any openings within the privacy screen must not exceed
25% of the area of the screen. Alternatively, the privacy screens may be
constructed with translucent, obscured, frosted or sandblasted glazing in a
suitable frame.

REQUIREMENTS BEFORE A CONSTRUCTION
CERTIFICATE CAN BE ISSUED

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is issued by either
Randwick City Council or an Accredited Certifier. All necessary information
to demonstrate compliance with the following conditions of consent must be
included in the documentation for the construction certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable levels of
environmental amenity.

Consent Requirements

3. The requirements and amendments detailed
in the ‘General Conditions’ must be complied with and be included in the
construction certificate plans